LaborUnionNews.com's Labor Relations Radio: Recent Episodes

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A podcast covering employee and labor relations news, featuring guests with diverse backgrounds and points of view

In the last week alone, the Trump administration has effectively shuttered the Federal Mediation and Conciliation Service, ended collective bargaining for hundreds of thousands of federal workers, two separate lawsuits filed against government unions, and union lawsuits filed against the Trump administration, as well as the re-hiring and re-firing of NLRB member Gwynne Wilcox.

To say that it’s a lot to take in would be an understatement.

In this episode of Labor Relations Radio, returning guest Alex MacDonald from Littler’s Workplace Policy Institute joins host Peter List to help break all of it down.

Follow Alex MacDonald on LinkedIn here.

Follow Alex MacDonald’s writings at the Federalist Society here.

Other episodes with Alex MacDonald:

Labor Relations Radio, E161—WPI's Alex MacDonald On The Legal Theory Behind The Firing Of NLRB Member Wilcox
Labor Relations Radio, E149: An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA's success has resulted in fewer unions & what might happen under a new administration in DC.
Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be Unconstitutional
Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'

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This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com

Share this episode of Labor Relations Radio with your colleagues.

Kim Kavin, a freelance writer and editor, co-founder of Fight for Freelancers USA, and publisher of FreelanceBusting.com, returns to the podcast to discuss the latest happenings in the War on the Gig Economy.

In this episode Kim discusses what is transpiring at the federal and state levels with respect to the efforts to fight for Americans’ right to choose how to earn a living, as well as the efforts to destroy that right.

Read more about the fight against freelance busting at FreelanceBusting.com

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com

Share this episode of Labor Relations Radio with your colleagues.

If the workers surrender control over working relations to legislative and administrative agents, they put their industrial liberty at the disposal of state agents. — Samuel Gompers, 1915

On Tuesday, Sens. Josh Hawley (R-MO), as well as Sens. Cory Booker (D-N.J.), Gary Peters (D-Mich.), Bernie Moreno (R-Ohio), and Jeff Merkley (D-Ore.) introduced the Faster Labor Contracts Act—a bill that is endorsed by the Teamsters, which would put federally-mandated arbitrators in the position of dictating first-time labor contracts onto employers, employees, and unions.

The Faster Labor Contracts Act would:

Amend the National Labor Relations Act to require that after workers have voted to form a union, employers must begin negotiating with the new union within 10 days.
Provide that if no agreement is reached within 90 days, the dispute will be referred to mediation.
Stipulate that if mediation fails within 30 days, or additional periods agreed upon by the parties, the dispute will be referred to binding arbitration to secure an initial contract (view more details of this provision in highlights here).
Commission a Government Accountability Office report on average workplace time-to-contract one year after enactment.

Read the full highlighted bill here.

“The Faster Labor Contracts Act is a massive expansion of the federal government’s authority over the private sector,” noted Kristen Swearingen, spoksperson for the Coalition for Democratic Workplace. “It would allow government bureaucrats to dictate the employment terms of workers via mandatory, binding arbitration, meaning they can set the workers’ wages, benefits, workplace safety standards, pensions, and so on with no oversight by the workers, employers, unions, or even the judicial branch.”

In this episode of Labor Relations Radio, returning guest Alex MacDonald, Co-Chair of Littler’s Workplace Policy Institute, joins host Peter List to discuss the ramifications of this bill if it becomes law.

Follow Alex MacDonald on LinkedIn here.

Follow Alex MacDonald’s writings at the Federalist Society here.

Prior Labor Relations Radio episodes with Alex MacDonald:

Labor Relations Radio, E161—WPI's Alex MacDonald On The Legal Theory Behind The Firing Of NLRB Member Wilcox
Labor Relations Radio, E149: An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA's success has resulted in fewer unions & what might happen under a new administration in DC.
Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be Unconstitutional
Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com

James F. O’Brien is a Professor of Computer Science at the University of California, Berkeley and has written about how the coming AI job apocalypse necessitates the need to look at alternative means of revenue, including taxing AI, to avoid mass societal disruption.

In this episode of Labor Relations Radio, Professor O’Brien joins host Peter List to discuss how fast AI is moving into our society, the “upstream” and “downstream” effect and what they mean to all of us.

Related:

The impending AI-driven jobless economy: Who will pay taxes?
The End of Required Work: Universal Basic Income and AI-Driven Prosperity
Musk predicts future without jobs due to AI and proposes high universal income

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com

A lot is going on in Washington, DC these days. In this episode of Labor Relations Radio, Kristen Swearingen Vice President, Legislative & Political Affairs at the Associated Builders & Contractors, Inc. and spokesperson for the Coalition for a Democratic Workplace joins host Peter List to discuss some of the issues, including the re-introduction of the PRO Act, Sen. Josh Hawley’s “PRO Act-Lite” framework, as well as President Trump’s nominee to head the Department of Labor, Lori Chavez-DeRemer.

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com

If the workers surrender control over working relations to legislative and administrative agents, they put their industrial liberty at the disposal of state agents. — Samuel Gompers, 1915

Mark Mix of the National Right to Work Legal Defense Foundation rejoins the podcast to discuss Lori Chavez-DeRemer, President Trump’s nominee to become the Secretary of Labor, Senator Josh Hawley’s (R-MO) efforts to “bend the knee” to unions, as well as a host of other labor-related issues.

Related:

Labor Relations Radio, Ep. 28—Guest Mark Mix of the National Right to Work Foundation

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com

If the workers surrender control over working relations to legislative and administrative agents, they put their industrial liberty at the disposal of state agents. — Samuel Gompers, 1915

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Republican politicians' efforts to 'realign' with unions may, in fact, actually hurt American workers and free choice.

Mark Mix of the National Right to Work Legal Defense Foundation rejoins the podcast to discuss Lori Chavez-DeRemer, President Trump’s nominee to become the Secretary of Labor, Senator Josh Hawley’s (R-MO) efforts to “bend the knee” to unions, as well as a host of other labor-related issues.

Related:

Labor Relations Radio, Ep. 28—Guest Mark Mix of the National Right to Work Foundation

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Nearly two years after his first episode on Labor Relations Radio, economist Jon Morrow returns to discuss a wide array of topics: The topics range from the return of Donald Trump to the Presidency, the national debt, artificial intelligence, new nuclear power and desalinization plants, to the impacts of TikTok, Only Fans, and AI on our culture.

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Labor Relation Radio, E74—Economist Jon Morrow on Declining Birth Rates, the Advent of AI, the State of the Economy and Culture

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President Trump's terminating NLRB General Counsel Abruzzo was expected; terminating NLRB Member Wilcox was not. WPI's Alex MacDonald explains the legal theories that may be behind the move.On Monday, President Trump terminated the employment of National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo, which was widely expected.

However, what was not expected was that Trump also fired NLRB Member Gwynne Wilcox.

In this episode of Labor Relations Radio, returning guest Alex MacDonald, Co-Chair of Littler’s Workplace Policy Institute, joins host Peter List to discuss the legal theory that may be behind the move.

Follow Alex MacDonald on LinkedIn here.

Follow Alex MacDonald’s writings at the Federalist Society here.

Prior Labor Relations Radio episodes with Alex MacDonald:

Labor Relations Radio, E149: An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA's success has resulted in fewer unions & what might happen under a new administration in DC.
Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be Unconstitutional
Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

National Retail Federation's Ed Egee provides an update on some of the latest happenings in Washington, DC since Pres. Trump re-entered the Oval Office.Mr. Edwin Egee, vice president, government relations and workforce development at the National Retail Federation. He is responsible for NRF’s policy agenda on labor, employment, immigration and health care. He manages NRF’s Employment Law and Benefits Committee.

Though early in the new Trump Administration, Mr. Egee joins host Peter List to discuss the latest happenings in Washington—from President Trump’s recent moves at the National Labor Relations Board, where specific cases stand, as well as immigration, and Senator Josh Hawley’s pro-union (anti-worker) “framework” for labor law changes.

Related:

Labor Relations Radio, Ep. 30—Guest: The National Retail Federation's Ed Egee on Underground Efforts To Install Electronic Voting and Card Check

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California Policy Center's Edward Ring and Retired Battalion Chief Frank Ricci discuss some of the issues that have contributed to the devastation of the California wildfires.Recorded separately for YGTBFKMNews.com’s Daily News, Edward Ring, the director of water and energy policy for the California Policy Center, and Frank Ricci, a retired firefighter, battalion chief, and union president, joined host Peter List to discuss the issues involved with the fires wreaking havoc and destruction across southern California.

Related:

Ricci: Like Administrative Arson, California’s Bad Ideas Spread Like Wildfires

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Connecting the dots from Carter's deregulation crusade nearly 45 years ago to the election of Donald Trump.In a wide-ranging interview with Tucker Carlson, Teamsters’ President Sean O’Brien explained how the Democrats broke the Teamsters’ pension funds and expected to be thanked for fixing them 40 years later.

In this episode of Labor Relations Radio, host Peter List revisits the Carter legacy, and Democrats’ crusade to deregulate certain industries did more to decimate unions than Ronald Reagan ever did.

Related:

Worth a Watch: The Teamsters' Sean O'Brien Interview With Tucker Carlson
The Decline of Unions, Part One: President Jimmy Carter, Union-Buster

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A discussion between two non-attorneys about the latest happenings at the National Labor Relations Board

There have been a lot of developments at the National Labor Relations Board since the November 5th election, and with President Trump returning to the White House in November, many expect the labor law pendulum to swing back to the right after January.

In this episode of Labor Relations Radio, Labor Relations Institute’s Michael VanDervort joins host Peter List to get caught up on some of the changes over the last several weeks and how the NLRB may change in the coming months and years under Trump 2.0.

Related:

Michael VanDervort’s DriveThru HR podcast
Labor Relations Institute’s Left of Boom Show

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A wide-ranging discussion on income inequality, the growth of artificial intelligence and its impact on society.

Erik Sherman is a freelance writer who reports on business, economics, finance, investing, markets, tech, law, commercial real estate, and income and wealth inequality. His credits include Fortune, the Wall Street Journal, the New York Times Magazine, NBC News, CBS Moneywatch, Technology Review, The Fiscal Times, and Inc. He is also the author or co-author of 10 nonfiction books.

In this episode, Erik joins host Peter List in the continuation of a conversation that began on X (formerly Twitter) about AI and economics.

To follow Erik Sherman:

Erik Sherman at Forbes
Erik Sherman at Substack
Erik Sherman on X (formerly Twitter)

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Picking a PRO-Act supporting, amnesty and Big Government-loving, one-term Congresswoman as the next labor secretary has many people scratching their heads.On Friday evening, much to the surprise of the business community and millions of independent contractors, President-elect Donald Trump nominated a one-term Congresswoman, Rep. Lori Chavez-DeRemer (R-Ore), to become Trump’s Secretary of Labor.

Despite her seeming lack of qualifications, Chavez-DeRemer’s pick is surprising to many people due to her…

Backing of the PRO Act
Support for nationalizing public-sector labor law
Reported backing of amnesty for undocumented migrants

As the nomination was fully supported by the Teamsters’ union president Sean O’Brien, the Wall Street Journal editorial boardeven penned a piece entitled: Trump’s Labor Choice: Unions Over Workers.

In this episode of Labor Relations Radio, Jennifer Van Laar, the managing editor of RedState.com joins host Peter List to discuss Trump’s puzzling pick.

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Teamsters' President Sean O'Brien—and the AFT's Randi Weingarten—want a pro-union former Congresswoman to head Donald Trump's Department of Labor.Teamsters President Sean O’Brien is recommending Rep. Lori Chavez-DeRemer, an Oregon Republican, to lead the Department of Labor under the incoming Trump administration.

She is an odd choice for Trump to consider, given her backing of the economy-destroying PRO Act, and she has already garnered much criticism from many people and groups, including independent contractor advocates.

In this episode of Labor Relations Radio, Michael Saltsman, a partner with Berman & Co. joins host Peter List to discuss what is driving the push behind Chavez-DeRemer, as well as why she would be a bad choice for the incoming Trump administration.

Related:

Teamsters president pushing Chavez-DeRemer for Labor secretary
Lori Chavez-DeRemer touted for US Labor Secretary
Employers' group tees off on Chavez-DeRemer amid Labor secretary chatter
Don’t Let the Teamsters Pick the Labor Secretary
Independent Contractors Sound the Alarm: PRO-Act Sponsor Lori-Chavez-DeRemer Is Not Fit to Be Labor Secy
Make America Work Again

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Though not unexpected, the National Labor Relations Board (NLRB) issued its long-awaited decision, which bans employers from conducting so-called “captive-audience” (aka mandatory) meetings with their employees during union organizing campaigns.

In this episode of Labor Relations Radio, labor attorney Mike Carrouth, from the law firm Fisher Phillips, shares the basics in what employers are allowed and not allowed to do under this new ruling.

Note: Nothing in this episode of Labor Relations Radio should be construed as legal advice. If you, as an employer, have union-related questions or issues, please seek advice from a labor attorney.

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Employers and their agents beware…

Last week, the National Labor Relations Board (NLRB)issued a decision in Siren Retail Corp d/b/a Starbucks, overruling Tri-Cast, Inc., 274 NLRB 377 (1985) and clarifying the test that the Board will use to evaluate whether employer predictions about the impact of unionization on the relationship between individual employees and their employer are unlawful threats.

Under the new ruling, if an employer (or its agents) does not carefully parse out their statements to employees regarding Section 9(a), moving forward, the NLRB will now find that the employer has issued a threat.

In this episode of Labor Relations Radio, Phil Wilson, President of LRI Consulting Services, Inc. (LRICS) and Approachable Leadership, returns to the podcast to discuss the ramifications of the NLRB’s new decision, as well as what is ahead with a new NLRB under Trump 2.0.

Prior episodes with Phil Wilson:

Labor Relations Radio E129—LRI's Phil Wilson on an NLRB ALJ's Outrageous Ruling Against Free Speech
Labor Relations Radio, E97—LRI's Phil Wilson & Michael VanDervort on the new Left of Boom podcast
Labor Relations Radio, Ep. 64—LRI's Phil Wilson on Recent NLRB Developments and Union Organizing Trends
Labor Relations Radio, Ep. 40—LRI's Phil Wilson on the State of the Post-Pandemic Workplace

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

With the election of Donald Trump to become the 47th President of the United States, both employers and unions should expect yet another pendulum swing in labor law.

In this episode of Labor Relations Radio, returning guest Jon Hyman, a shareholder with Wickens Herzer Panza shares some insights as to what we might see coming in 2025.

Related Links:

Jon Hyman’s Ohio Employer Law Blog
Jon Hyman on LinkedIn.com
The Norah and Dad Show
Labor Relations Radio, Ep. 18: Guest—The 'Master of Workplace Schadenfreude,' Attorney Jon Hyman on why 'anti-union doesn't mean anti-worker'
Labor Relations Radio, Ep. 21—Guest: Attorney Jon Hyman On What HR Can Take Away From The NLRB's Starbucks Complaint
Labor Relations Radio, Ep. 36: Guest Jon Hyman on Weingarten Rights, What They Are And How They're Likely Coming Back To Non-Union Workplaces
Labor Relations Radio, E86—Guest Jon Hyman on the Existential Impact of Artificial Intelligence

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

With the November 5th elections right around the corner, employers and unions alike are girding themselves for what could be a very consequential outcome.

In this, the 150th episode of Labor Relations Radio, labor attorney and returning guest Cary Burke joins host Peter List to discuss Elon Musk’s recent victory at the Fifth Circuit over an old tweet, as well as potential labor relations outcomes if Kamala Harris or Donald Trump win the presidency.

Other Labor Relations Episodes with Cary Burke:

Labor Relations Radio, E95—Seyfarth Shaw's Cary Burke on the 'retroactivity' of Cemex Bargaining Orders and more
Labor Relations Radio, E130—Attorney Cary Burke on a Potential Cemex Bargaining Order At Mercedes & 'Spying' on LinkedIn

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

“It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self- organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.” — National Labor Relations Act

Labor attorney Alex MacDonald from Littler’s Workplace Policy Institute returns to the podcast to discuss his article The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions.

Read more of Alex’s writings at the Federalist Society here.

Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be Unconstitutional
Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'

LISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCAST

LaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

“It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self- organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.” — National Labor Relations Act

Labor attorney Alex MacDonald from Littler’s Workplace Policy Institute returns to the podcast to discuss his article The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions.

Read more of Alex’s writings at the Federalist Society here.

Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be Unconstitutional
Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'

LISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCAST

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Returning guest Kim Kavin, a freelance writer, editor and co-founder of Fight for Freelancers has a new Substack: FreelanceBusting.com.

In this episode of Labor Relations Radio, Kim Kavin joins host Peter List to discuss where the battle against the freelance busters stands during this election cycle.

Be sure to subscribe to Kim’s substack.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Is Sean O’Brien, the President of the International Brotherhood Teamsters, a “scab” for not endorsing Kamala Harris?

Joe Brock is president of Reliant Labor Consultants and a former local president of a large Teamsters local.

In this episode of Labor Relations Radio, Joe returns to the podcast to explain why he believes Sean O’Brien has betrayed union principles by allowing the Teamsters’ non-endorsement.

Related:

Labor Relations Radio, E92—Former Teamster leader-turned-consultant Joe Brock on today's workplace issues
This Breakdown Of Teamsters Locals Endorsing Harris Shows A Majority Of Members Supporting Trump
If Unions Don't Want Members' Opinions, They Shouldn't Ask (Most Don't).
WATCH: Teamsters President Sean O'Brien Delivers A Fiery Speech At The Republican National Convention

LISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCAST

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Last Friday, the Biden-Harris administration—“the most pro-union administration in American history”—issued an Executive Order that overwhelmingly gives unions and unionized employers advantages in obtaining federal work.

In this episode of Labor Relations Radio, returning guest Ben Brubeck, vice president of regulatory, labor and state affairs for the Associated Builders & Contractors explains how this “gift to unions is discouraging for the overwhelming majority of the U.S. construction industry workforce—nearly 90%—that works for nonunion employers.”

Related:

ABC: Latest Biden-Harris Executive Order Panders to Unions, Harming 90% of Construction Workforce
Labor Relations Radio, E1–Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more
Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More
Labor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship Rules

Go herefor all prior episodes of Labor Relations Radio

LaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Last Friday, the Biden-Harris administration—“the most pro-union administration in American history”—issued an Executive Order that overwhelmingly gives unions and unionized employers advantages in obtaining federal work.

In this episode of Labor Relations Radio, returning guest Ben Brubeck, vice president of regulatory, labor and state affairs for the Associated Builders & Contractors explains how this “gift to unions is discouraging for the overwhelming majority of the U.S. construction industry workforce—nearly 90%—that works for nonunion employers.”

Related:

ABC: Latest Biden-Harris Executive Order Panders to Unions, Harming 90% of Construction Workforce
Labor Relations Radio, E1–Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more
Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More
Labor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship Rules

Go herefor all prior episodes of Labor Relations Radio

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

A new study looks at the number of unionized employees, as opposed to employees who actually voted to unionize. Did you know that more than 95 percent of unionized private-sector employees have never voted to be unionized?

As Americans, every two, four, or six years, we head to polls to cast our ballots for who we want to represent us. For unionized workers in the private sector, the vast majority never voted to unionize.

According to a new study [in PDF] by the Institute for the American Worker (I4AW), 95 percent of private sector union workers under the National Labor Relations Act (NLRA) are represented by a union they have never voted for.

Analyzing four decades of data on union organizing elections shows that workplace democracy has worsened since the last such analysis, in 2016. In the past eight years, the percentage of private-sector union members who voted for their union has declined by more than a full percentage point—from 6% to 4.9%.

In this episode of Labor Relations Radio, I4AW’s President, F. Vincent Vernuccio returns to the podcast to explain I4AW’s new report.

Related:

Labor Relations Radio, Ep. 43—The Institute for the American Worker's F. Vincent Vernuccio on Independent Contractors, Joint Employers & More

Labor Relations Radio, Ep. 2—Guest: F. Vincent Vernuccio of the Institute for American Workers

Go herefor all prior episodes of Labor Relations Radio

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

A case with huge ramifications is making its way through the legal system.Alex MacDonald, from Workplace Policy Institute, returns to Labor Relations Radio to discuss the filing of an amicus brief (for a writ of certiorari) with the U.S. Supreme Court for the Court to clarify a prior decision from 1984 that, if successful, could weaken a new form of "exclusive representation" for unions.

Related:

An Amicus Brief Was Just Filed With The Supreme Court Asking The Court To Hear The Issue Of Exclusive Representation 'Schemes'
Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'
Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment [in PDF]

Go here for all prior episodes of Labor Relations Radio

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

The Goldwater Institute's Vice President for Litigation explains the principles behind how Arizona just ended union "release time."Whether or not taxpayers realize it, government unions use taxpayer funds to fund union business. This practice, known as “release time” or “official time,” drives up the cost of government and occurs at the local, state, and federal levels.

In Arizona, however, the state’s Supreme Court recently struck down unions’ use of taxpayer money to fund union business.

In this episode of Labor Relations Radio, Jon Riches, the Vice President for Litigation for the Goldwater Institute, joins host Peter List to discuss the Arizona case and how it may apply to other states.

Related:

AZ Supreme Court Strikes Down Union ‘Release Time’ on Taxpayers’ Dime
Labor Relations Radio, E104—Your Taxes Are Being Used To Fund Union Business: The Freedom Foundation's Maxford Nelsen explains
Go here for all prior episodes of Labor Relations Radio

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AI is not all the way through the industry yet, but it's coming faster than many realize.As Artificial Intelligence (AI) becomes more prevalent across various industries, one industry that is not often included in the AI discussion in the construction industry.

In this episode of Labor Relations Radio, Patrick Scarpati, Director of Construction Technology and Innovation for the Associated Builders and Contractors, joins host Peter List to discuss ABC’s new AI Resource Guide, the current uses of AI, as well as where AI may be headed.

As an added bonus: The outro for this episode was written and performed by AI for ABC. (😳)

Related:

Visit our AI @ Work section here.
Visit our AI @ Work Library here
Labor Relations Radio, Ep. 1 –Guest: Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more
Labor Relations Radio, Ep 11—Guest: Joe Perpiglia, ABC President of Eastern PA talks about union RCOs, sabotage and more...
Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More
Labor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship Rules

Go here for all prior episodes of Labor Relations Radio.

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Only months after the State of California required fast-food operators to raise the minimum wage from $16 to $20 per hour, the Service Employees International Union (SEIU) wants the minimum wage raised again.

In this episode of Labor Relations Radio, Tom Manzo, President of the California Business & Industrial Alliance joins host Peter List to discuss how unions are negatively impacting the state and driving businesses out.

California fast-food workers want another minimum wage increase
California labor takes a rare “L” in 2024

Go here for all prior episodes of Labor Relations Radio

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Trader Joe's employees had barely three weeks to turn around an ambush election that had been plotted for months. Here's how they did it.Within three weeks earlier this Spring, employees of a Trader Joe’s store in Chicago turned around an ambush election by Trader Joe’s United. They did so without help from their employer, and to the shock and dismay of the union’s leaders.

Long-time Trader Joe’s employees, Nikki and Jose, explain what happened before and during the short window before their NLRB election.

Related:

Labor Relations Radio, E102—Unionized Trader Joe's Employees Explain the Efforts to Decertify Trader Joe's United
Labor Relations Radio, E83—Trader Joe’s Employees Speak Out About Unionization
Labor Relations Radio, E88—A Trader Joe's employee reveals union tactics that led to a union's loss.
Trader Joe's union is not what we bargained for

Go here for all prior episodes of Labor Relations Radio

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It's hard to keep up, but Nick Kalm and Peter List attempt to make sense of it all.Returning guest Nick Kalm, CEO of Reputation Partners, rejoins the podcast to discuss the month’s political events and try to figure out which team has the advantage going into November.

Prior Labor Relations Radio Episodes with Nick Kalm:

Labor Relations Radio, Ep. 9—Reputation Partners' CEO Nick Kalm On Attacks On Company Brands
Labor Relations Radio, Ep. 44—Guest Nick Kalm On Why The Mid-Term's 'Red Wave' Was Barely A Ripple
Labor Relations Radio, Ep. 45—Guests Nick Kalm and Haley Hartmann on Gen Z in the Workplace
Labor Relations Radio, E80—Reputation Partners' Nick Kalm on Companies Destroying Their Brands: 'Stay In Your Lane.'
Labor Relations Radio, E99—Do unions have an Anti-Israel problem? A conversation with Nick Kalm
Labor Relations Radio E119—A conversation with Nick Kalm on Chicago Politics, Immigration and the 2024 Election

For all prior episodes of Labor Relations Radio, go here.

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As unions have become more reliant on government largesse over the last few decades, putting their future fortunes into the hands of the government, the question of whether the Constitution’s First Amendment and its Freedom of Association apply to the concept of Exclusive Representation is called into question.

In this episode, labor attorney Alex MacDonald, from Littler’s Workplace Policy Institute shares some of the details of his paper: Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment [in PDF]

Shorter: Union membership is now political. So can the government still require people to associate with a union?

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

Since October 7th, there has been a significant rise in antisemitism on university campuses. Glenn Taubman explains how the National Right to Work Legal Defense Foundation is helping fight it.Since October 7th, there has been a tremendous and overt rise of anti-semitism on college campuses across the U.S.

In this episode of Labor Relations Radio, Glenn Taubman from the National Right to Work Legal Defense Foundation joins host Peter List to share what the Foundation is doing to assist and protect grad students, as well as others, against the onslaught of antisemitism in their unions.

Related:

To contact the National Right to Work Legal Defense Foundation, go here.
U.S. House Committee Spotlights Need for Employee Protections Against Forced Funding of Extremist Unions
Labor Relations Radio, E132—Constitutional Attorney Jeffrey Schwab On A New Janus-Related Case With Potentially Sweeping Ramifications

For all prior episodes of Labor Relations Radio, go here.

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Trigger Warning: This episode discusses political issues currently going on in the U.S. and the State of California If political topics trigger you, please do not listen to this episode.

With political issues occupying the national conversation since President Joe Biden’s debate debacle, Will Swaim, president of the California Policy Center and co-host of National Review’s Radio Free California podcast, joins host Peter List to discuss current affairs and the potential replacement of Joe Biden by either current-Vice President Kamala Harris, or California Governor Gavin Newsom, and potential other contenders.

Follow Will Swaim on X (formerly Twitter) here.

Related:

Labor Relations Radio, E94—CPC's Will Swaim on California's Fast Food Council, Gov. Newsom's Presidential ambitions and much more

For all prior episodes of Labor Relations Radio, go here.

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit laborunionnews.substack.com/subscribe

With last week’s decision in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court struck down a 40-year precedent called the Chevron Doctrine (or Deference).

This decision may have significant impact concerning how the National Labor Relations Board (and other federal agencies) conduct themselves moving forward.

In this episode of Labor Relations Radio, labor attorney Jim Paretti, Jr., a shareholder with the law firm Littler Mendelson, returns to the podcast to discuss what the reversal of the Chevron Doctrine means, as well as provides an update to the “Joint Employer Rule” that the NLRB issued last year.

Contact Jim Paretti, Jr. here.

Related:

Labor Relations Radio, E118: Michael Lotito Explains How A Supreme Court Case May Have A Huge Impact On Government Agencies
Labor Relations Radio, E79—Labor Attorney Jim Paretti discusses the NLRB's Atlanta Opera decision & its impact on Independent Contractors

For all prior episodes of Labor Relations Radio, go here.

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Although they have been around for a long time, very few employees who are required to pay union fees as a condition of employment know of 'deauthorization' elections that are available to them.Megann McManus (bio here) is a full-service traditional labor attorney at the law firm Husch Blackwell.

Before becoming a lawyer, Megann majored in theatre and then worked for Actors’ Equity Association as a director in the human resources department. There, she gained a unique and valuable perspective as a manager for a labor union, and she quickly realized that the collective bargaining and contract management process happening behind the scenes was even more interesting than the drama on the stage.

Now, as an attorney working with employers, Ms. McManus has extensive experience in collective bargaining, grievance management, labor arbitration, and union-related litigation, including matters before the National Labor Relations Board (NLRB), as well as public sector litigation.

In this episode of Labor Relations Radio, Ms. McManus joins host Peter List to discuss the little-known subject of Deauthorization Elections, wherein private-sector workers in states without right-to-work laws can vote to ‘deauthorize’ required dues payments under a union security clause.

Follow Megann McManus on LinkedIn here.

Related: Labor Relations Radio, Ep 67—National Right To Work Foundation's Glenn Taubman On Employee Rights and Options

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From humble beginnings in the 1980s to a globally-known company that handles all manner of crises—from labor disputes to helping in natural disasters—AFIMAC Global just about does it all—from contingent workers and security to deploying and setting up camps with kitchens during natural disasters.

In this episode, AFIMAC Global’s President and CEO Joe Schollaert joins host Peter List to discuss the wide variety of services AFIMAC provides to its clients in North and South America, as well as Europe.

To contact AFIMAC Global, go here.

For all prior episodes of Labor Relations Radio, go here.

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Constitutional attorney Jeffrey Schwab from the Liberty Justice Center joins Labor Relations Radio to discuss a newly-filed case that, if successful, may open governments up to being “joint employers” with certain private-sector employers.

Schwab, who is not a labor attorney, served as counsel for Mark Janus in Janus v. AFSCME, the landmark case in which the United States Supreme Court found that public employees could not be compelled to pay money to a union without their consent.

In this most recent case, Schwab is representing two public defenders who work for the publicly-funded Legal Aid Society in New York City and are required to pay agency fees to the Association of Legal Aid Attorneys (ALAA).

The plaintiffs argue that, even though the Legal Aid Society is a private employer under the National Labor Relations Act, since the City of New York funds the pay and benefits and “attaches conditions that, at least in part, exert control over how LAS spends funds received by the City, including, for example, approving bonuses,” the protections under Janus v. AFSCME from being compelled to pay agency fees to a union should apply to them as well.

Related:

Will A Lawsuit Over A Union's Alleged 'Anti-Semitism' Open The Door To Expanding Janus To The Private Sector?
Legal Aid lawyers sue union, claiming that dues violate First Amendment
Read the lawsuit in full here

For all prior episodes of Labor Relations Radio, go here.

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Internationally recognized leadership consultant and CEO of the Parone Group, Irma Parone, joins the podcast to discuss her problem-solving techniques, as well as her book WINX: The Problem-Solving Model to Win Exponentially with Customers, Employees, & Your Bottom Line and her new book WINX for Employees: The Problem-Solving Model to Unlock Workplace Success.

To read more about Ms. Parone, view her bio here, or follow her on LinkedIn here.
To contact Ms. Parone, visit the Parone Group website here.
You can order her books on Amazon here.

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

On this episode of Labor Relations Radio, Cary Burke, a labor attorney with Seyfarth Shaw returns to discuss a number of topics, including a National Labor Relations Board (NLRB) Administrative Law Judge’s recent decision that a manager visiting an employee’s LinkedIn profile was ‘surveillance,’ the potential for the NLRB to issue a Cemex Bargaining Order at Mercedes-Benz in Alabama, as well as a number of other potential NLRB actions we might expect in the months ahead.

Follow Cary Burke on LinkedIn here.

Related:

UAW Has Path to Reverse Mercedes Loss Under New Labor Standard
Labor Relations Radio, E95—Seyfarth Shaw's Cary Burke on the 'retroactivity' of Cemex Bargaining Orders and more

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Recently, an administrative law judge (ALJ) ruled that Amazon CEO Andy Jassey’s answers to interview questions violated the National Labor Relations Act.

Unless the ALJ's decision regarding Jassey's seemingly innocuous statements made during various interviews in 2022 (included in this episode) is overturned, which is unlikely to happen soon, all employers' speech during union-organizing campaigns may be significantly impacted. [See the full ALJ decision here.]

In this joint episode of Labor Relations Radio and Labor Relations Institute’s Left of Boom show, LRI’s Phil Wilson and Peter List discuss the ALJ’s decision against Amazon, and its ramifications for all employers.

NLRB ALJ Decision on Amazon CEO Comments
NLRB’s Basic Guide to the National Labor Relations Act

For all prior episodes of Labor Relations Radio, go here.

LaborUnionNews.com's Labor Relations Radio is subscriber-supported. To receive new posts and support our work, become a subscriber.

Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

With employee engagement the lowest it’s been in 11 years, Dr. Fiona Jamison, CEO of Spring International, joins Labor Relations Radio host Peter List to discuss the “seismic shift” in employee expectations that has occurred over the past several years and how employers can adapt.

Fiona’s company, Spring International, is a women-owned, full-service, custom research and consulting firm located in suburban Philadelphia, PA. Across all research (policy, customer, and employee) programs, Spring has helped large corporations using customized employee engagement surveys, onboarding surveys, diversity assessments, exit interviews, & leadership assessments, as well as conducted research in 88 countries and in 25 languages.

You can follow Fiona Jamison on LinkedIn here, or contact Spring International here.

For all prior episodes of Labor Relations Radio, go here.

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It's been nearly 35 years since "Employee Engagement" has been in our lexicon. How's that working out?

According to Gallup, employee engagement is at its lowest point in 11 years.

The term ‘Employee Engagement’ has been around since 1990. Since then, corporate America has spent millions (billions?) of dollars investing in the “engagement industry”—polls, seminars, consultants and training.

Why, then, is engagement still so low?

What Is Employee Engagement? “Employee engagement,” according to one definition, “is a concept in human resources that refers to the degree to which employees are invested in, motivated by and passionate about the work they do and the company for which they work.”

In this episode of Labor Relations Radio, returning guest Patricia Garland—author of ‘33 Ways How Not to Screw Up HR’—joins host Peter List to explore possible reasons why employee engagement is low and why, perhaps, we’re asking the wrong questions.

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“When people know what the score is, they play harder.” — Paul Centenari

More than 20 years ago, Atlas Container was the cover story of an Inc. magazine article entitled, The Power of Listening (registration required).

In this episode of Labor Relations Radio, host Peter List is joined by Paul Centenari, CEO of Atlas Container, a corrugated box manufacturer that practices Open Book Management (OBM).

In this episode, Paul shares his views on what makes OBM a successful way to manage a business, as well as some of the challenges.

Related: The Power of Listening—How does an old-line manufacturer in a stagnant industry manage to grow 25% a year for 10 years? By taking its employees seriously.

For all prior episodes of Labor Relations Radio, go here.

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David R. Osborne, Senior Fellow for Labor Policy with the Commonwealth Foundation, returns to Labor Relations Radio to discuss his new podcast, Disunion: The Government Union Report, government unions, as well as how unions are working around the Supreme Court’s 2018 Janus decision.

Read more about the Commonwealth Foundation here.

Listen to David’s podcast Disunion: Government Union Report:

On Spotify
On YouTube

For all prior episodes of Labor Relations Radio, go here.

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Parents having the audacity to ask what their kids are being taught is, apparently, a bad thing.When Nicole Solas, a stay-at-home mom, was enrolling her child into kindergarten, she asked a few too many questions about what was going to be taught to her child.

The lack of answers, ultimately, led to public-records requests, which then turned into a lawsuit by the teachers’ union.

In this episode of Labor Relations Radio, Ms. Solas joins host Peter List to discuss what led to the lawsuit against her, and the three-year saga that she has endured.

In addition to being a stay-at-home mon, Ms. Solas is a non-practicing attorney and Senior Fellow at the Independent Women’s Forum. She has also appeared as a parent advocate on The Ingraham Angle, Tucker Carlson Tonight, Newsmax National Report, and National Review. Her favorite appearance was on the cover of the New York Post as a featured “domestic terrorist.” She is the 2021 winner of the Goldwater Institute Freedom Award for battling education bureaucrats.

For all prior episodes of Labor Relations Radio, go here.

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According to a National Labor Relations Board (NLRB) press release, “during the first six months of Fiscal Year 2024 (October 1–March 31), union election petitions filed at NLRB field offices rose 35% over the same period in Fiscal Year 2023.”

In this episode, Labor Relations Institute’s Michael VanDervort joins host Peter List to discuss the union organizing trends, as well as some of the current labor relations topics of the day.

Related links:

The LRI Labor Libraries
LRI Newsletter

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

On this episode of Labor Relations Radio, Congressman Burgess Owens (R-UT) discusses his recently-introduced bill, the Start Applying Labor Transparency (SALT) Act, legislation aimed at exposing “salting,” a common union organizing tactic where individuals are paid by labor unions to infiltrate companies to unionize employers from within.

Although this nefarious tactic—which relies on deceiving employers and, more importantly, employees—has been around for a long time, in recent years, union “salting” has become more prevalent at companies like Starbucks, Amazon and numerous other companies.

In addition to the SALT Act, Rep. Owens discusses the foundation he began before entering Congress, the Second Chance 4 Youth.

Second Chance 4 Youth is a Utah-based non-profit program with the aim to end the cycle of generational incarceration and lower the rates of recidivism. Learn more here.

Related:

Owens Leads Labor Union Transparency Bill
About Second Chance 4 Youth
Analysis: Workers United paid nearly $2.5 million to organizers, "salts" and activists at Starbucks
Labor Relations Radio, Ep. 20—A Primer On How Union Salts and “Moles” Undermine Companies Like Amazon and Others
Labor Relations Radio, E116—Labor Attorney Marc Furman and Dealing With Union Salts

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

A pro-union writer does a hit piece about a not-so-secret secret...actually, the WORST-KEPT SECRET EVER!Last week, Mike Elk, a pro-union writer, who owns a website called PayDay Report, did a hit piece on me entitled “Anti-UAW Union Buster Secretly Behind Hit Labor News Site.” Here is my response.

Perhaps, we owe you an explanation...
Union Watchdog: UAW Leaders Bask In Puerto Rico As Members Get Laid Off
Congress Should Investigate UAW's Neutrality Agreement & Works Council Scam At VW
After Volkswagen Loss, UAW Bosses Turn To Bovine Excrement Manufacturing
The UAW At VW: A Desperate Old Dog Tries A Very Old (And Illegal) Trick
A Lesson In U.S. Labor Law & How The UAW Is Lying Its Way Into The South With VW's Help
Why Are VW's German Union Bosses Backtracking On Their Expansion Ultimatum Now?
Anti-UAW Workers File NLRB Charges Over VW's Pro-Union Coercion
Why Doesn't The UAW Want A Secret-Ballot Election At VW?
Anti-UAW Workers File NLRB Charges Over VW's Pro-Union Coercion
Deutschland Meets Detroit: UAW partners with German union to launch all-out invasion of Mercedes & VW plants in U.S.

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Why do so many unions seem to support open borders and illegal immigration? Capital Research Center's Michael Watson shares the background why.Have you ever wondered why, on the topic of immigration, unions have gone from protectionism to tacitly supporting so-called “open borders?”

In the episode of Labor Relations Radio, Michael Watson, Research Director for the Capital Research Center shares what can be considered an ‘origin story’ on how unions went from favoring tighter restrictions on immigration to almost no restrictions at all today.

Check out Michael Watson’s work at the Capitol Research Center:

The Turn at the Millennium: Why Big Labor Switched Sides on Immigration
Big Labor’s Decline and Left Turn: Membership Decline
Big Labor’s Decline and Left Turn: A Trade Unionist in the White House
Big Labor’s Decline and Left Turn: Causes of the Long Decline
Big Labor’s Decline and Left Turn: Labor’s Private-Sector Left
Big Labor’s Decline and Left Turn: A New Power Rises

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Reputation Partners’ CEO Nick Kalm returns to Labor Relations Radio to discuss Chicago politics, our nation’s immigration challenges, as well as to share some political observations and prognostications regarding the 2024 national elections.

Related:

The Chicago Teachers Union Wants to End Student Homelessness at the Bargaining Table
Labor Relations Radio, E99—Do unions have an Anti-Israel problem? A conversation with Nick Kalm
Labor Relations Radio, Ep. 45—Guests Nick Kalm and Haley Hartmann on Gen Z in the Workplace
Labor Relations Radio, Ep. 9—Reputation Partners' CEO Nick Kalm On Attacks On Company Brands

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Thought leader and renowned labor attorney Michael Lotito, with Littler Mendelson’s Workplace Policy Institute, returns to Labor Relations Radio to break down the U.S. Supreme Court case involving the “Chevron Doctrine,” and how it may impact government agencies, as it pertains to labor and employee relations.

In particular, Mr. Lotito discusses the Supreme Court’s case as it may relate to the current independent contractor issue, as well as the NLRB’s joint-employer rule.

Related:

On 'Chevron' Deference and a Path Forward
Labor Relations Radio, Ep. 37—Thought Leader Michael Lotito on the Emma Coalition and the radical and transformational changes coming to America’s workforce
Labor Relations Radio, Ep. 12—Guest: Michael J. Lotito, Labor Attorney and Nationally-Recognized Thought Leader on Workplace Policy

For all prior episodes of Labor Relations Radio, go here.

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Nearly one-third of the manufacturing workforce is over 55. — Michele Vincent

In this episode of Labor Relations Radio, Michele Vincent, the host of The U.S. Manufacturing Workforce Podcast shares some of the alarming research she has gathered on the changing demographics of our workforce.

Listen to Michele’s episode “What’s to come, 2024 Predictions” on Apple
Listen to Michele’s episode “What’s to come, 2024 Predictions” on Spotify

To obtain the information Michelle shared, go here.

Labor Relations Radio, Ep. 59—MADI Corp's Michele Vincent on Preparing for Strikes

For all prior episodes of Labor Relations Radio, go here.

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Note: Nothing in this episode of Labor Relations Radio should be construed as legal advice. If you are experiencing union activity, union salting, or other labor issues with potential legal risk, you should contact your labor attorney.
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Labor Attorney Marc Furman, a Partner with the law firm Cohen Seglias has a unique way of advising his clients on how to deal with union “salts.”

While Marc’s clients span a broad range of industries throughout the United States, including manufacturing, hotel and hospitality, automotive, telecommunications, healthcare, food processing and distribution, and financial services, Marc particularly focused on representing construction companies in matters involving unions and union organizing, picketing, and prevailing wage situations.

In this episode of Labor Relations Radio, Marc shares some insights that listeners may find informative and helpful.

Note: Nothing in this episode of Labor Relations Radio should be construed as legal advice. If you are experiencing union activity, union salting, or other labor issues with potential legal risk, you should contact your labor attorney. Should you wish to contact Marc Furman, you can do so here.

For all prior episodes of Labor Relations Radio, go here.

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AAE's Noelani Kahapea explains the differences between a traditional teachers' union and the Association of American EducatorsOften, despite disagreeing with the political positions and spending, and without knowing there are alternatives, educators join traditional teachers union like the AFT and NEA due to insurance benefits.

In this episode of Labor Relations Radio, host Peter List is joined by Noelani Kahapea, Senior Director of Policy and Advocacy for the Association of American Educators (AAE).

The AAE, according to its website, is the “largest national, non-union, professional educators' organization, advancing the profession by offering a modern approach to teacher representation and educational advocacy, as well as promoting professionalism, collaboration and excellence without a partisan agenda.”

Ms. Kahapea explains the benefits provided to AAE members at a fraction of the cost that are usually charged to traditional teachers unions, as well as a large distinction in how benefits are used.

To get more information about the Association of American Educators (AAE), go here.

For all prior episodes of Labor Relations Radio, go here.

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A pernicious and very costly new tactic is emerging from teachers' union negotiations that taxpayers are unaware of, but will end up paying for.Frank Ricci, a Labor Fellow at Yankee Institute, Retired Union President for New Haven (CT) Fire Fighters, and Battalion Chief, returns to Labor Relations Radio to discuss how teachers’ unions and their progressive counterparts are using the collective bargaining process to put costly social-justice programs into contracts under the nose of taxpayers.

In Boston, Ricci wrote recently, teachers’ union president Jessica Tang announced they secured “an unprecedented $50 million to commence bolstering the affordable housing that Boston students and families require.”

The Boston contract is being utilized as a template by the AFL-CIO to advance housing and ‘environmental justice,’ he notes.

Related:

How The Teachers Unions Embed Socialism Into Their Contracts
How Superintendents Deceive Taxpayers into Higher School Budgets
Labor Relations Radio, E87—Guests Frank Ricci & Keith Williams on Marxist Union Salts

For all prior episodes of Labor Relations Radio, go here.

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How a merit pay plan could go from being a motivator to a de-motivator.This episode of Labor Relations Radio is intended for HR practitioners and business owners responsible for administering pay plans for employees.

Do you have a merit pay or pay-for-performance plan? Are you administering it properly? What about your managers?

In this episode of Labor Relations Radio, returning guest Patricia Garland, author of 33 Ways Not to Screw Up HR, joins host Peter List to discuss “Barbara”—a highly-rated employee who went from elation to anger when her employer gave her a merit increase as part of a poorly-managed merit pay plan.

Ms. Garland shares her views on what to do, as well as what not to do when administering a pay-for-performance or merit pay plan.

Related:

Labor Relations Radio, Ep. 61—'33 Ways Not To Screw Up HR' Author Patricia Garland

Order ‘33 Ways Not To Screw Up HR’ on Amazon.

You can find prior episodes of Labor Relations Radio here.

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Karen Anderson and a panel of Californians impacted by the War on Independent Contractors share their stories.In this fourth episode in our four-part series on the War on Independent Contractors, Karen Anderson, founder of Freelancers Against AB5—a Facebook group of more than 18,000 Californians impacted by the state’s imposition of AB5 which contains the three-pronged ‘ABC Test’— returns to Labor Relations Radio, along with a panel of independent contractors who have been harmed by the law.

As proverbial ‘canaries in the coal mine,’ as the U.S. Department of Labor rolls out its 339-page final rule—which contains a vague six-factor test—on independent contractors, the panel consists of of freelance writers, musicians (including a concert cellist), a radio journalist, yoga instructor and independent film producer share their stories as a warning to the rest of America.

Related: AB5 Personal Stories — An Alphabetical Archive of Professionals Harmed by AB5

To contact your representative in Congress, use this link at Congress.gov. and urge them to stop the War on Independent Contractors.

Listen to the entire Labor Relations Radio series on the War on Independent Contractors:

Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin Kiley
Labor Relations Radio, E110—The War on Independent Contractors, Part II: Freelancer Kim Kavin & Attorney Wilson Freeman
Labor Relations Radio, E111—The War on Independent Contractors, Part III: Economist Liya Palagashvili on the impact of California's AB5
Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.

To listen to all Labor Relations Radio episodes, go here.

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A new Mercatus Center study reveals the consequences of imposing the draconian ABC Test on California's independent contractors.In this episode, Liya Palagashvili, an economist and Senior Research Fellow at the Mercatus Center at George Mason University, returns to Labor Relations Radio to discuss the Mercatus Center’s new study on California’s War on Independent Contractors through AB5 and its ABC Test, and how the U.S. Department of Labor’s six-factor final rule may impact America’s workforce.

Be sure to subscribe to Liya Palagashvili’s Substack Labor Market Matters.

Related:

Labor Market Matters: New Study on California AB5 and Implications for the Department of Labor’s Independent Contractor Rule
Labor Market Matters: A Deep Dive into our Study on California's AB5
Mercatus Center: Assessing the Impact of Worker Reclassification: Employment Outcomes Post–California AB5
Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin Kiley
Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.
Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.
To listen to all other episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Up to 72 million Americans participate in the gig economy as 1099 independent contractors and are under siege by state and federal bureaucrats.Following the U.S. Department of Labor’s releasing its final rule to limit the freedom of individuals to earn a living though independent contracting, the founders of Fight For Freelancers, a coalition of more than 2,500 freelancers in professions ranging from writing to truck driving, filed a lawsuit through the Pacific Legal Foundation.

In this second episode in our multi-part series on the War on Independent Contractors, Kim Kavin, one of the founders of Fight for Freelancers USA, returns to Labor Relations Radio, along with her attorney, Pacific Legal Foundation’s Wilson Freeman to discuss the lawsuit, as well as the War on Independent Contractors at the state and federal levels.

Related:

Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin Kiley
Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.
Pacific Legal Foundation: Freelancers sue Department of Labor over vague, new contracting rule
Follow Kim Kavin on X (formerly Twitter)
To listen to all other episodes of Labor Relations Radio, go here.

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The first episode of a three-part series on the War on Independent Contractors.Congressman Kevin Kiley (R-CA) returns to Labor Relations Radio in this first episode of a three-part series on the War on Independent Contractors.

After witnessing the devastating effects of the disastrous AB5 in his home state of California, Rep. Kiley is adamantly opposed to bureaucrats stripping Americans of their right to earn a living in the gig economy and one of the staunchest defenders of independent contractors.

In this episode, Rep. Kiley shares his efforts to combat the implementation of Department of Labor’s Six-Part Test on Independent Contractors which is being used to destroy the gig economy on behalf of unions and goes into effect on March 11, 2024.

Related:

Labor Relations Radio, E73—Congressman Kevin Kiley (R-CA) talks about the ongoing 'War on Independent Contractors'
To listen to all other episodes of Labor Relations Radio, go here.

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After decades of staying underground, Marxists are back in the open and pushing today's unions leftward.“Socialism has no place in the hearts of those who would secure the fight for freedom and preserve democracy.” — Samuel Gompers, 1918

For decades, Marxism within the union movement stayed somewhat underground. However, since the end of the pandemic, Marxism in unions has become more mainstream with organizations like the Democratic Socialists of America and the Communist Party USA helping unions like the Amazon Labor Union, Starbucks Workers United, and even the United Auto Workers.

In this episode of Labor Relations Radio, Michael Watson, Research Director for the Capital Research Center and Managing Editor of InfluenceWatch.org, joins host Peter List to discuss the history of Marxism in unions—from the early 1900s to the Cold War—as well as the reemergence in the late 90s to today.

Related:

To read Michael Watson’s writing, visit here.
Labor Relations Radio, Ep. 14—There is more than meets the media's eye on the Amazon and Starbucks campaign victories
Organizing for the Long Haul
Go here for all prior episodes of Labor Relations Radio

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The War on Independent Contractors is alive and well.

Mike Hruby, President of New Jobs America joins Labor Relations Radio host Peter List to discuss the background of the War on Independent Contractors, as well as how the battlefront has moved into the states.

New Jobs America advocates for freedom for individuals to choose to be their own boss, in federal and state law. New Jobs writes and promotes federal legislation allowing individuals to classify themselves as self-employed.

As a non-profit, New Jobs researches and publishes original analyses measuring important factors that stimulate rapid job growth. NJA was founded in 2011 in Massachusetts, home of the current version of the ABC Test that restricts self-employment.

Learn more about New Jobs America here.
Go here for prior coverage on the War on Independent Contractors
Go here for all prior episodes of Labor Relations Radio

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Ben Brubeck, Vice President of Regulatory, Labor and State Affairs at the Associated Builders and Contractors, returns to Labor Relations Radio to share the latest information on President Biden’s rule to mandate Project Labor Agreements on federal projects, the new proposed rules on Davis Bacon as well as apprenticeship programs.

Related:

ABC: President Biden’s Final Rule Forcing Corrupt Project Labor Agreements Will Face Legal Challenges
WSJ: Biden to Apprentices: You’re Fired
To learn more about Project Labor Agreements, visit BuildAmericaLocal.com

Prior Labor Relations Radio episodes with Ben Brubeck:

Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More
Labor Relations Radio, Ep. 1 –Guest: Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more
Go here for all prior episodes of Labor Relations Radio

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As 2023 comes to a close, Fisher Phillips’ Mike Carrouth joins host Peter List to discuss the Union of Southern Service Workers, some of the major events of 2023 and potential issues facing employers in 2024.

Mr. Carrouth is a partner in Fisher Phillips’ Columbia, South Carolina office and has a nationwide practice representing employers on labor relations matters in more than 30 states.

This work includes successfully defending against multi-site and multi-state national organizing blitzes and card-check/neutrality campaigns.

Mike also has represented clients in numerous litigation matters, including jury trials, involving Family and Medical Leave Act (FMLA), Title VII, breach of employment contract, and non-compete enforcement.

He practices before state and federal courts, the National Labor Relations Board (NLRB), and state and federal administrative agencies in the areas of union-related matters, employment litigation, discrimination cases, non-compete agreements, and wrongful discharge cases.

To connect with Mike on LinkedIn, go here.

Related:

Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for Employers
SEIU's Union of Southern Service Workers Targets Employers With 'Guerrilla' Actions
SEIU Starts 'Cross-Sector' Union to Unionize Workers across the South
Go here for all prior episodes of Labor Relations Radio

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The Freedom Foundation’s Director of Research and Government Affairs, Maxford Nelsen, returns to Labor Relations Radio to explain how, through an innocuous term called “official time,” taxpayers are paying government union officials to conduct union business while receiving their government salaries and benefits.

Related:

Biden Administration Covering Up Taxpayer-Funded Union Activities In The Federal Workforce
Labor Relations Radio, Ep. 25—Guest: Max Nelsen, The Freedom Foundation's Director of Labor Policy
Labor Relations Radio, Ep. 41—Did a Federal Court Just Legitimize Union Forgery? It Sure Seems Like It.
Go here for all prior episodes of Labor Relations Radio

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Thirty-five years after the United States Supreme Court ruled in CWA v. Beck, some unions are still violating individuals’ rights under the Beck decision.

In this episode of Labor Relations Radio, Public Defender Brunilda Vargas joins host Peter List to discuss Beck Rights, as well as how, after her office was unionized, she and her colleagues were threatened for refusing to become full dues-paying members of the United Auto Workers.

With help from the National Right to Work Legal Defense Foundation, Ms. Vargas and some of her colleagues are now so-called “Beck Objectors.”

Related:

Philadelphia Public Defender Wins Case Against UAW for Illegal Union Dues Deduction Scheme
Philadelphia Public Defender Hits UAW Union with Charge for Illegally Threatening Wage Cut
Philadelphia’s public defenders vote to unionize
Go here for all prior episodes of Labor Relations Radio

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Trader Joe's employees Michael Alcorn and Les Stratford return to Labor Relations Radio and explain the rationale behind the effort to decertify Trader Joe's United.Since becoming unionized more than 16 months ago, employees of a Trader Joe’s store in Hadley, Massachusetts have not seen any benefits to unionization.

Now, they want to decertify Trader Joe’s United.

“Crew members at the grocery store are accusing the union of spreading misinformation and trying to drive a wedge between workers and management,” the Amherst Bulletin reported on Wednesday.

“The constant defamation against our captain, our mates and our employer has become tiresome and unjust,” the group stated in a release Friday announcing the push for decertification.

“It’s just getting progressively worse,” Les Stratford, a 10-year employee, said Monday.

“We’re losing people who can’t handle the stress.”He said the union has a habit of “shading stuff with media,” which he called disconcerting.

In this episode of Labor Relations Radio, Trader Joe’s employees Michael Alcorn and Les Stratford return to the podcast to share why they are spearheading efforts to decertify Trader Joe’s United.

Related:

Group of Trader Joe’s workers in Hadley pushes to decertify new union
Some Hadley Trader Joe’s workers press to decertify union
Labor Relations Radio, E83—Trader Joe’s Employees Speak Out About Unionization
Trader Joe's union is not what we bargained for

Go here for all prior episodes of Labor Relations Radio

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Marc S. Robinson, PhD., is an economist, consultant and co-writer of the C-Suite Newsletter on Substack.

Having taught at UCLA and Stanford, as well as spent over three decades with General Motors, in his consulting practice, Marc deploys game theory to predict likely outcomes and to develop strategy for his clients.

In this episode of Labor Relations Radio, Marc explains how game theory (or ‘war gaming’) explains how the 2023 United Auto Workers’ (UAW) strike against the Detroit Three automakers—Ford, General Motors and Stellantis—was a ‘highly predictable’ outcome based on the variables from the last decade.

View Marc S. Robinson’s profile on LinkedIn.
Read the C-Suite Newsletter on Substack.
Go here for all prior episodes of Labor Relations Radio

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"Bad facts make for bad law."— Labor Attorney Joel Aziere
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Under the National Labor Relations Act, the concept of ‘Protected Concerted Activity’ has been relatively stable for decades.

In this, the 100th episode of Labor Relations Radio, Labor Attorney Joel Aziere with the firm Buelow Vetter Buikema Olson & Vliet joins host Peter List and shares how the National Labor Relations Board (NLRB), under General Counsel Jennifer Abruzzo has pushed the concept of protected concerted activity far beyond what most employers would have recognized in prior decades.

In addition to sharing information about current protected concerted activity cases, Mr. Aziere also discusses solicitation issues before the Board, as well as the recent 5th U.S. Circuit Court of Appeals’ rebuke of the NLRB in the matter of Tesla banning UAW t-shirts.

Go here to contact Joel Aziere.
Go here for all prior episodes of Labor Relations Radio

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In this episode of Labor Relations Radio, Reputation Partners’ Nick Kalm returns to the podcast for a wide-ranging discussion on the ramifications of the pro-Palestinian protests within union ranks.

Since October 7th—following the brutal Hamas attack on Israel—pro-Palestinian rallies have taken place throughout the United States (and the world).

Despite the pro-Israel declarations of most top union officials, in many cases, the pro-Palestinian protestors have included Marxist groups affiliated with a variety of unions—from the Amazon Labor Union’s president Chris Smalls, the SEIU’s Starbucks Workers United, as well as the United Auto Workers.

Related:

SEIU 'Forced' Communist Union Leader to Resign Over Pro-Palestinian Rant
Oakland teachers union passes pro-Palestine resolution
WSWS: NYC postal workers speak out against Israeli genocide in Gaza
Postal workers union president opposes Israeli genocide of Gaza at AFL-CIO meeting
How unions are responding to the Israel-Hamas war
AFT disavows KU teachers union’s stance on Israel-Hamas war
Union Bosses Bicker Over Israel-Hamas Conflict

For all prior episodes of Labor Relations Radio, go here.

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**“She’s just a bull, and she just charges in every day, nonstop, from sun up until way after the sun goes down.” — former House Speaker John Boehner

Episode Summary:** On this episode of the Labor Relations Radio, Rep. Virginia Foxx (R-NC), Chairwoman of the House Committee on Education and the Workforce joins host Peter List to discuss Acting Secretary of Labor Julie Su, the War on Independent Contractors, the PRO Act, Union Salting, as well as misconduct at the National Labor Relations Board.

Related:

Rep. Virginia Foxx’s full bio here
OIG Report Bolsters Foxx’s Claims of Misconduct By NLRB Officials
Foxx Calls on Biden to Dump Julie Su
‘She’s just a bull’: Meet the woman leading the GOP’s charge on schools and work

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Episode Summary: The Labor Relations Institute is launching a new podcast called Left of Boom. In this episode, LRI’s Phil Wilson and Michael VanDervort—both prior guests on Labor Relations Radio—invited host Peter List onto the Left of Boom podcast to talk about the ingoing UAW strike.

To visit Labor Relations Institute’s website, go here.
Go here to order Phil Wilson’s book Left of Boom.

For all prior episodes of Labor Relations Radio, go here.

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Some helpful tips to avoid economic devastation.With over 1.6 million workers’ contracts expiring in 2023, this year was likely to be considered ‘The Year of the Strike.’

However, as the UAW strike stretches into the second month, and with more strikes likely around the U.S., it is helpful for workers to know how to weather the economic storm that can batter their finances.

Using decades-old helpful tips, this short episode of Labor Relations Radio heklps answers a basic question: How should workers prepare themselves economically before they strike?

Related:

How to Keep the Wolf From the Door While Walking a Picket Line
1.6 million workers will see their contracts expire this year. Will 2023 be the 'Year of the Strike?'

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It’s Time To Start Saving! Contracts will be re-negotiated in the next year or two. Don’t wait until the last minute. Start now!

Plan a budget, stick to it, save any amount over the limits. Plan to have at least enough saved to cover 2 or 3 months of mortgage payments or rent and living expenses.
Work overtime, bank your overtime in a separate "strike" account.
Arrange an automatic deposit from your paycheck directly into that account. If it’s not in your checkbook, you might not have the urge to spend it.
Pay off or pay down your credit card bills or other bills.
Delay any major purchases until after your contract is ratified. Don’t buy a boat right before you go out – you’ll spend your time walking the line.
Save on vacations – explore the wonders of driving around your state.
If your contract deadline is in the summer – buy your children’s school supplies early.

About 3 months before your present contract expires:

Start stocking up on non-perishables, packaged foods and household cleaning items. Buy in bulk.
Fill your freezer with meats and frozen foods.
Get maintenance or repairs done on vehicles or your home.
Make sure your Doctor’s appointments or checkups are done before you go out on strike.
Be sure you have enough medicine and other supplies on hand that you will need.
Notify any creditors that you may be on strike for awhile –discuss rearranging your payment schedule while you are out on strike. Alerting them beforehand could prevent your credit rating from taking a beating.

Remember to think ahead – start planning now!
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For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: Cary Burke, a Partner with the law firm Seyfarth Shaw, joins host Peter List to discuss the ramifications of the National Labor Relations Board’s (NLRB) recent Cemex decision—including the potential retroactivity of so-called Cemex bargaining orders. In addition to Cemex, Burke and List discuss a host of current and possible future labor relations issues.

To reach Cary Burke, go here.
Visit Seyfarth Shaw’s website here.

For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: California Policy Center President Will Swaim joins host Peter List to provide an update on California’s AB5 (the law to destroy independent contractors and the gig ecoomy), AB257 (the bill to establish a state bureaucracy to dictate wages and working conditions on the fast-food industry), Gov. Gavin Newsom’s presidential ambitions, and much more.

Will Swaim’s bio
Visit California Policy Center’s website
Follow Will Swaim on Twitter @WillSwaim.

For all prior episodes of Labor Relations Radio, go here.

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**"Three-quarters of the counties and about half the states now have deaths outpacing births." — Bradley Schurman

Episode Summary:** Even before the pandemic, employers were grappling with a tight labor market. Since then, however, finding employees in an even tighter labor market has been a struggle for many employers across the country.

In this episode of Labor Relations Radio, Bradley Schurman, a renowned demographer, management consultant, CEO of The Super Age and author of The Super Age: Decoding our Demographic Destiny, joins host Peter List to discuss how the changing demographics are changing the workplace and shortages are likely to get worse before they get better.

Mr. Schurman’s expertise on demographic change and how it disrupts social, cultural, political, and economic norms across the United States and worldwide, has made him into one of the nation’s sought after speakers on the changes occurring not just in the United States, but across the globe.

Mr. Schurman has written for Newsweek and been quoted by The Wall Street Journal, New York Times, and USAToday, as well as appeared on NBC's TODAY Show, CBS News Primetime with John Dickerson. He also regularly appears as a guest on podcasts, radio, and television shows worldwide.

Follow Bradley Schurman on LinkedIn.

For all prior episodes of Labor Relations Radio, go here.

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**A conversation covering underfunded union pensions, the dangers of union authorization cards and card check, as well as the desire to ban so-called “captive audience meetings."

Episode Summary:** Philadelphia native Joe Brock, a former Teamster official and CEO of Reliant Labor Consultants, joins host Peter List to discuss a wide array of topics, including underfunded union pensions, the psychology of union authorization cards following the NLRB’s Cemex decision, as well as the NLRB General Counsel’s desire to ban so-called “captive audience meetings.”

For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: Philadelphia native Joe Brock, a former Teamster official and CEO of Reliant Labor Consultants, joins host Peter List to discuss a wide array of topics, including underfunded union pensions, the psychology of union authorization cards following the NLRB’s Cemex decision, as well as the NLRB General Counsel’s desire to ban so-called “captive audience meetings.”

For all prior episodes of Labor Relations Radio, go here.

LaborUnionNews.com's News Digest and Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, become a subscriber.

Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

**“It was all political theater….What we’ve got is more of the same.”

Episode Summary:** While the nation was relieved that the Teamsters and United Parcel Service (UPS) reached a contract without a debilitating strike, a group of rank and file Teamsters had been vocally opposed to the “sell out” deal.

In this episode of Labor Relations Radio, host Peter List is joined by ‘Jay,’ a rank and file Teamster employed by UPS, to discuss how, form many UPS workers, the new contract is not nearly as good for many UPS workers as the media is portraying.

Related:

Anatomy of a sellout: UPS tentative agreement includes two-tier wages for part-timers, freezes to pension contributions for some
UPS contract declared ratified under cloud of suspicion among the rank and file
“They were giving people the goods”: UPS workers speak out against national contract as Teamsters announce ratification of Chicago local deal

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Episode Summary: Last week, the National Labor Relations Board (NLRB) announced a return to so-called ‘ambush’ or ‘quickie’ elections on Thursday.

Then, on Friday, the NLRB released its long-awaited Cemex decision—a 121-page decision (in PDF) that changes the labor relations landscape.

In this episode, host Peter List explains how, while both of these constitute a seismic shift in labor relations, it could have been worse.

Related:

NLRB General Counsel Files Brief To Ban "Captive Audience" Meetings, Install Back-Door Card Check
BREAKING: NLRB Issues Cemex Decision Establishing De-Facto Card Check
On Labor: Cemex Is a Big Change, but It’s Not Joy Silk

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Episode Summary: With the World Economic Forum (WEF) predicting that 23% of today’s jobs will be replaced or become obsolete over the next five years, Artificial Intelligence (AI) is coming faster than most people realize.

In this episode of Labor Relations Radio, Jon Morrow—a free-market economist who has consulted with a variety of organizations, including the Council on Foreign Relations, the Trilateral Commission, the Economic Innovation Group and others—joins host Peter List to discuss how fast AI is going to disrupt our world, as well as some possible solutions.

Related:

Labor Relation Radio, E74—Economist Jon Morrow on Declining Birth Rates, the Advent of AI, the State of the Economy and Culture
The AI @ Work Library
JP Morgan backs new Tifin AI-powered wealth management charge
The Future is NOW—AI Is Rapidly Replacing Journalists, Redefining News Landscape
GPT-4 Passes the Bar Exam
Energy Future Unveiled! THORIUM Molten Salt Reactors
I’m an AI influencer: Followers crave my sexy snaps — but I don’t exist
Blush, the AI lover from the same team as Replika, is more than just a sexbot

For all prior episodes of Labor Relations Radio, go here.

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"There’s another side to the story that people need to hear.” — ‘Kiki,’ a Trader Joe’s employee in Brooklyn, New York

Episode Summary: Following the Labor Relation Radio episode in June, featuring Trader Joe’s employees Michael Alcorn and Les Stratford, ‘Kiki’ (an employee of Trader Joe’s in Brooklyn, New York) explains how she may have “started the ball rolling” with the union, then saw the union’s tactics—including racially segregating employees, attacking good managers, and attempting hacking into the employer’s system to get employee information—all of which helped she and her co-workers eventually decide to vote against unionizing.

Related:

Workers at Trader Joe’s in Brooklyn Reject Union
Labor Relations Radio, E83—Trader Joe’s Employees Speak Out About Unionization
Trader Joe's union is not what we bargained for

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Episode Summary: Frank Ricci, a Fellow for Labor Policy and Special Initiatives at the Yankee Institute, and Keith Williams, Vice President at the Center for Independent Employees join host Peter List to discuss the Democratic Socialists of America’s involvement in union salting and their recent article ‘Big Labor Is Getting an Assist From Far-Left Activists.’

Related:

Labor Relations Radio, Ep. 66—The Center for Independent Employees' Keith Williams
Labor Relations Radio, Ep. 20—A Primer On How Union Salts and “Moles” Undermine Companies Like Amazon and Others
Labor Relations Radio, Ep 53—Freedom Foundation's Maxford Nelsen on Starbucks Workers United, the SEIU & Union Salts
Analysis: Workers United paid nearly $2.5 million to organizers, "salts" and activists at Starbucks
The Undercover Organizers Behind America’s Union Wins
The College Kids Who Unionized Amazon

For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: Returning guest Jon Hyman, a director with the law firm Wickens Herzer Panza, joins host Peter List to discuss the potential existential impact of Artificial Intelligence on jobs and society.

“AI not only has the potential to impact any creative professional (actors, writers, artists, journalists, musicians, and the like), but also any professional (lawyers, for example) or even any worker. It’s not far fetched to imagine a near future in which AI programs robots to run a factory, for example.” — Jon Hyman via LinkedIn

Related Links:

Jon Hyman’s Ohio Employer Law Blog
Jon Hyman on LinkedIn.com
The Norah and Dad Show
Labor Relatedly Ep13 with Michael VanDervort and Jon Hyman

For all prior episodes of Labor Relations Radio, go here.

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‘We need a revolution in education.’

Episode Summary: On the heels of National Education Association’s president Becky Pringle’s “Hitlerian performance” at NEA’s Orlando conference, Terra Firma’s Paul Rossi discusses some of the issues in today’s education system—both in public schools and private schools.

‘…Not a lot of parents care about the quality of the education that their children are getting…it’s an ugly truth.’—Paul Rossi

Paul Rossi’s Bio: Paul is a veteran mathematics and philosophy teacher who blew the whistle on woke indoctrination at Grace Church School in Manhattan in 2021. He has researched and written extensively about the politicization of education for The Wall Street Journal, The Foundation Against Intolerance and Racism, Parents Unite, and Legal Insurrection Foundation. He has also presented his findings for The Manhattan Institute, Parents Defending Education, Moms for Liberty, and Education Veritas. Paul is a trusted resource for dozens of K-12 teachers nationally.

Related:

I Refuse to Stand By While My Students Are Indoctrinated
Inside the Woke Indoctrination Machine
NEA President’s Fiery Political Speech Compared to ‘Hitlerian Performance’
Labor Relations Radio, E81—Sarah, a Public School Teacher, Talks About Being on the Front Lines in Today's Classrooms

For all prior episodes of Labor Relations Radio, go here.

LaborUnionNews.com and Labor Relations Radio are subscriber-supported publications. To receive new posts and support our work, become a subscriber.

Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

**'...Not a lot of parents care about the quality of the education that their children are getting…it’s an ugly truth.’ —Paul Rossi

Episode Summary: On the heels of National Education Association’s president Becky Pringle’s “Hitlerian performance” at NEA’s Orlando conference, Terra Firma’s Paul Rossi discusses some of the issues in today’s education system—both in public schools and private schools.

‘…Not a lot of parents care about the quality of the education that their children are getting…it’s an ugly truth.’—Paul Rossi

Paul Rossi’s Bio: Paul is a veteran mathematics and philosophy teacher who blew the whistle on woke indoctrination at Grace Church School in Manhattan in 2021. He has researched and written extensively about the politicization of education for The Wall Street Journal, The Foundation Against Intolerance and Racism, Parents Unite, and Legal Insurrection Foundation. He has also presented his findings for The Manhattan Institute, Parents Defending Education, Moms for Liberty, and Education Veritas. Paul is a trusted resource for dozens of K-12 teachers nationally.

Related:

I Refuse to Stand By While My Students Are Indoctrinated
Inside the Woke Indoctrination Machine
NEA President’s Fiery Political Speech Compared to ‘Hitlerian Performance’
Labor Relations Radio, E81—Sarah, a Public School Teacher, Talks About Being on the Front Lines in Today's Classrooms

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

“A union’s bargaining power depends on three main elements: the right to strike, the ability to strike effectively, and the Company’s ability to withstand a strike.” — Source: Page 1, Teamsters Strike Manual
______________Episode Summary: With the “Summer of Strikes” now upon us, Mark Keenan (bio here), a partner with the law firm Barnes & Thornburg joins host Peter List to have a broad conversation about the different types of labor disputes (e.g., strikes and lockouts), as well as contingency planning.

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For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Episode Summary: With the “Summer of Strikes” now upon us, Mark Keenan (bio here), a partner with the law firm Barnes & Thornburg joins host Peter List to have a broad conversation about the different types of labor disputes (e.g., strikes and lockouts), as well as contingency planning.

“A union’s bargaining power depends on three main elements: the right to strike, the ability to strike effectively, and the Company’s ability to withstand a strike.” — Source: Page 1, Teamsters Strike Manual

Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Share this episode of Labor Relations Radio with your colleagues.

Episode Summary: Nearly a year after the first Trader Joe’s store in the nation became unionized in Hadley, Massachusetts, two Trader Joe’s employees, Michael Alcorn and Les Stratford, share the details of the union’s deceptive tactics before the NLRB election, as well as what’s happened since, and the ongoing lack of union transparency.

Related:

Trader Joe's union is not what we bargained for
Bloomberg Law: Time It Takes To Negotiate First Contracts Has Gone From 409 To 465 Days

For all prior episodes of Labor Relations Radio, go here.

LaborUnionNews.com's News Digest and Labor Relations Radio are subscriber-supported. To receive new content and support our work, become a subscriber.

Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

**"I like to think of us as a group of people who like a challenge." — Mailee Smith

Episode Summary: The Illinois Policy Institute’s Senior Director of Labor Policy & Staff Attorney, Mailee Smith**, joins host Peter List to discuss several of the challenges facing Illinois—from Chicago’s newly-elected mayor, to businesses leaving Chicago, to the heavy control Chicago’s Teachers Union (CTU) has on the city and, consequently, the state.

Related:

Chicago Cops Demand Parental Leave After Mayor Gives It To Teachers
Illinois Unemployment 4th Worst In U.S., Job Growth Slows In May
Welch, Harmon get millions from teachers unions before blocking school choice for poor kids
CTU told lawmakers what to do over 1,360 times in just 6 legislative sessions
Read more of Illinois Policy Institute’s articles here.

For all prior episodes of Labor Relations Radio, go here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Share this episode of Labor Relations Radio with your colleagues.

Episode Summary: The Illinois Policy Institute’s Senior Director of Labor Policy & Staff Attorney, Mailee Smith, joins host Peter List to discuss several of the challenges facing Illinois—from Chicago’s newly-elected mayor, to businesses leaving Chicago, to the heavy control Chicago’s Teachers Union (CTU) has on the city and, consequently, the state.

Related:

Chicago Cops Demand Parental Leave After Mayor Gives It To Teachers
Illinois Unemployment 4th Worst In U.S., Job Growth Slows In May
Welch, Harmon get millions from teachers unions before blocking school choice for poor kids
CTU told lawmakers what to do over 1,360 times in just 6 legislative sessions
Read more of Illinois Policy Institute’s articles here.

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**What is really happening inside America’s classrooms? From the lockdowns to social media, politics and parental involvement, a public-school teacher shares her perspectives.

Episode Summary:** What is really happening inside America’s classrooms? Sarah, a public-school teacher from California who now teaches in the Southeast, shares her perspective on a variety of issues impacting today’s students in the post-pandemic classroom, from the impact of social media to the lack of parental involvement.

If you are a public-school teacher and want to share what you are experiencing in today’s classroom, email us at laborunionnews@protonmail.com.

For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: While not entirely new, and whether it’s boycotts and negative publicity from the Right or the Left, the companies weighing into social issues are paying a heavier price than in years past.

In this episode of Labor Relations Radio, Reputation Partners’ Founder and CEO Nick Kalm returns to discuss what happens when companies intentionally or unintentionally drive over the negative-publicity cliff when it comes to their brands and what they can do about it once they do.

Related:

Unionized Union Kitchen Workers Call For a Boycott of Their DC Stores
Boycott Nation: How Americans are boycotting companies now
Full List of Companies Facing Boycotts for Pride Month
What the Target and Bud Light Boycotts Tell Us
The Uncanceling of Chick-fil-A

For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: Earlier this week, the National Labor Relations Board (NLRB) issued its long-awaited Atlanta Opera decision, which impacts independent contractors and the employers that utilize them.

In this episode of Labor Relations Radio, Jim Paretti, a labor attorney with the law firm Littler Mendelson joins host Peter List to discuss the decision’s background and what it means for employers as well as independent contractors.

Related:

NLRB: Board Modifies Independent Contractor Standard under National Labor Relations Act
NLRB Decision: Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE. Case 10– RC–276292 [in PDF]

For all prior episodes of Labor Relations Radio, go here.

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Episode summary: Should unions be driven by ideology or, as Samuel Gompers believed in, “pure and simple unionism?” Today, there is a ideological and political debate going on within America over the issue of ‘gender ideology’ in classrooms, and teachers’ unions—the American Federation of Teachers and the National Education Association—seem to be at the forefront of leading it.

In this episode, Freedom Foundation’s Policy and Research Analyst Maddie Vernon joins host Peter List to discuss her recent article entitled NEA’S “Schools in Transition” Guide Instructs Teachers to Encourage Transgenderism in the Classroom.

The Freedom Foundation is a a 501(c)(3) Non-profit and, according to its website, a “battle tank that’s battering the entrenched power of left-wing government union bosses who represent a permanent lobby for bigger government, higher taxes, and radical social agendas.”

Related:

AFT Education Survey | Hart Research Associations [in PDF]
Weingarten Vows Unions Will Collectively Endorse Biden
AFT Conference Exposes Union’s True Priorities
Freedom Foundation’s OptOutToday.com
Powerful teachers union unveils LGBTQ toolkit with ze/zim pronouns in the classroom: 'Critical'

Other episodes with Freedom Foundation staff

Labor Relations Radio, Ep 53—Freedom Foundation's Maxford Nelsen on Starbucks Workers United, the SEIU & Union Salts
Labor Relations Radio, Ep. 41—Did a Federal Court Just Legitimize Union Forgery? It Sure Seems Like It.
Labor Relations Radio, Ep. 25—Guest: Max Nelsen, The Freedom Foundation's Director of Labor Policy

For all prior episodes of Labor Relations Radio, go here.

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Episode Summary: For labor relations, employee relations and HR practitioners, as well as union agents, David Pryzbylski, a partner with the law firm Barnes & Thornburg, LLP, is one of the best writers on labor law developments.

As a regular contributor to Barnes & Thornburg’s labor law blog, David has built his practice helping companies secure favorable outcomes with labor issues around the country.

He has extensive experience with numerous labor unions, including the Steelworkers, Teamsters, Sheet Metal Workers, Longshoremen, Boilermakers, CWA, UFCW, UAW, IBEW, BTCGM, SEIU and trade unions such as the Carpenters, Pipefitters, and Laborers.

In this episode of Labor Relations Radio, David discusses the U.S. Supreme Court’s Glacier Northwest decision, as well as the NLRB General Counsel’s attack on non-compete agreements.

Follow David J. Pryzbylski on LinkedIn
Follow Barnes & Thornburg’s Labor and Employment blog

For all episodes of Labor Relations Radio, go here.

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Episode Summary: For labor relations, employee relations and HR practitioners, as well as union agents, David Pryzbylski, a partner with the law firm Barnes & Thornburg, LLP, is one of the best writers on labor law developments.

As a regular contributor to Barnes & Thornburg’s labor law blog, David has built his practice helping companies secure favorable outcomes with labor issues around the country.

He has extensive experience with numerous labor unions, including the Steelworkers, Teamsters, Sheet Metal Workers, Longshoremen, Boilermakers, CWA, UFCW, UAW, IBEW, BTCGM, SEIU and trade unions such as the Carpenters, Pipefitters, and Laborers.

In this episode of Labor Relations Radio, David discusses the U.S. Supreme Court’s Glacier Northwest decision, as well as the NLRB General Counsel’s attack on non-compete agreements.

Follow David J. Pryzbylski on LinkedIn
Follow Barnes & Thornburg’s Labor and Employment blog

For all episodes of Labor Relations Radio, go here.

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Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Share this episode of Labor Relations Radio with your colleagues.

Episode Summary: With approximately 11,000 Hollywood writers entering their second month on strike (and actors, perhaps, soon to follow) over the key issue of artificial intelligence (AI), AI’s influence is likely to become a labor market disruptor as it continues to grow.

In this episode of Labor Relations Radio, Suzanne Lucas (aka ‘Evil HR Lady’) and Michael VanDerVort of the Labor Relations Institute join host Peter List to discuss what AI is, how it may impact the future workforce, and whether it should be feared or embraced.

Related:

Suzanne Lucas: AI Will Impact Jobs (But not Mine)
TV and film writers are fighting to save their jobs from AI. They won’t be the last
A.I. worries Hollywood actors as they enter high-stakes union talks
Labor Relation Radio, E74—Economist Jon Morrow on Declining Birth Rates, the Advent of AI, the State of the Economy and Culture

For all episodes of Labor Relations Radio, go here.

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Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Episode Summary: California Policy Center’s Lance Christensen returns to Labor Relations Radio to discuss the current state of the once-Golden State of California. During this wide-ranging episode, Lance shares with host Peter List facts and views about California’s legislature and its politics, the state’s economic malaise, the fleeing population, as well as how Artificial Intelligence (AI) may impact the state.

About the California Policy Center

Prior episodes with Lance Christensen:

Labor Relations Radio, Ep. 34—CPC's Lance Christensen on California's FAST Act and other Golden State developments
Labor Relations Radio, Ep. 5—Guest: Lance Christensen of the California Policy Center

For all prior episodes of Labor Relation Radio, go here.

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Episode summary: In this episode of Labor Relations Radio, Jon Morrow, a free-market economist who has consulted with a variety of organizations—including the Council on Foreign Relations, the Trilateral Commission, the Economic Innovation Group and others—discusses a wide variety of economic topics such as the falling birthrates, AI, the debt-financed economy, fiat currencies, as well as cultural and political obstacles to lower energy costs and general prosperity.

Background: For decades, a shift in demographics has been occurring across much of the Western World as the “baby boom” generation retires and successor generations have fewer and fewer children.

These inverse population pyramids threaten to bring national economies to a halt and, according to one geopolitical analyst, will cause the global economy to collapse.

“Such declines will soon shock our economic infrastructure and lead to deteriorations in living standards,” noted Fast Company in 2021.

Is the advent of artificial intelligence (AI) a possible solution, or will AI be the trigger to a calamitous future, including an economic recession or even a depression?

Listen to this episode and draw your own conclusions.

For all prior episodes of Labor Relations Radio, go here.

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The End of the World Is Just the Beginning: Mapping the Collapse of Globalization

From California's AB5 and the 'ABC Test' to the Department of Labor's proposed Six-Part Rule on independent contractors, Congress Kiley breaks down the differences and similarities.Congressman Kevin Kiley (R-CA) has become one of the nation’s leading defenders of independent contractors’ right to earn a living.

Recently, Representative Kiley chaired a subcommittee hearing to defend the rights of 60-70 million Americans who earn incomes as independent contractors.

During that hearing, prior Labor Relations Radio guests Karen Andersen and Kim Kavin testified, as did the Mercatus Center’s Dr. Liya Palagashvili on the ‘War on Independent Contractors.’

In this episode of Labor Relations Radio, Congressman Kiley was able to discuss some of the issues surrounding California’s AB5, the ‘ABC Test,’ as well as Department of Labor’s proposed six-part test on independent contractors.

Related:

Kiley, Foxx Call Out Su’s DOL For Unlawfully Ignoring Trump Rule
Labor Relations Radio, E71—Economist Dr. Liya Palagashvili on AB5, the PRO Act and the DOL's Rule on Independent Contractors
Labor Relations Radio, E70—Guest Kim Kavin on her Congressional Testimony on the "War On Independent Contractors"
Labor Labor Relations, Ep. 69—Karen Anderson on AB5, the havoc wreaked on California's gig economy & AB5's scandal-plagued union author
Labor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor Rules

To listen to all other episodes of Labor Relations Radio, go here.

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A non-profit that provides vocational training for America's military veterans to pursue careers in the ranching community.When our nation’s military veterans are leaving military life, some find post-military life in a cubicle or on a factory or warehouse floor lacking the mission-driven, team-oriented life they were accustomed to.

With a shortage of Americans entering the ranching industry, Bear Hug Cattle Company (BHCC) is a 501(c)(3) that provides vocational training to veterans pursuing a career in the industry.

BHCC’s 10-week training program involves working on several ranches in Colorado Montana, and Wyoming. Participants learn horsemanship and, as well, nearly every facet of basic ranching skills—from brandings to cattle drives.

On this episode of Labor Relations Radio, Bear Hug Cattle Company Founder and President Ben Minden shares the history of BHHC which began in 2019 after Ben served in the 101st Airborne Division and 3rd Ranger Battalion.

Ben is a graduate of the United States Military Academy and has an MBA from Harvard Business School.

To go to Bear Hug Cattle Company’s website, click here
To donate or support Bear Hug Cattle Company, click here (or use PayPal)
To buy Bear Hug Cattle Company merchandise, shop here
Follow Bear Hug Cattle Company on Instagram
Follow Bear Hug Cattle Company on Tik Tok

For all prior episodes of Labor Relations Radio, go here.

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“For freelancers, flexibility is a right. For employees, flexibility is a privilege.” — Liya Palagashvili, Ph.D., Mercatus CenterEconomist Liya Palagashvili, Ph.D. is a Senior Research Fellow at the Mercatus Center at George Mason University whose primary research interests include entrepreneurship, regulation, and the gig economy.

“For freelancers, flexibility is a right. For employees, flexibility is a privilege.” — Liya Palagashvili, Ph.D., Senior Research Fellow, Mercatus Center

Dr. Palagashvili has published academic articles, book chapters, policy papers, and articles in media outlets such as the New York Times and Wall Street Journal.

In 2016, she was named one of the Forbes' "30 under 30" in Law & Policy.

Dr. Palagashvili was also an Assistant Professor of Economics at State University of New York-Purchase and earned her Ph.D. in economics from George Mason University.

In this episode of Labor Relations Radio, Dr. Palagashvili talks about her recent testimony on Capitol Hill, as well as how the Department of Labor’s proposed rule on Independent Contractors may be much worse than AB5 was in California, but on a national scale.

Related:

Independent Work Provides Income Opportunities for Millions of Older Americans
The Future of Work: Independence and Flexibility for Women and Millions of Americans
Other writings by Liya Palagashvili
Labor Relations Radio, E70—Guest Kim Kavin on her Congressional Testimony on the "War On Independent Contractors"
Labor Labor Relations, Ep. 69—Karen Anderson on AB5, the havoc wreaked on California's gig economy & AB5's scandal-plagued union author

Go here for all prior episode of Labor Relations radio

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Kim Kavin, is a freelance writer and editor from New Jersey and co-founder of Fight For Freelancers USA returns to Labor Relations Radio to share her insights after testifying in Congress about President Biden’s “War on Independent Contractors”

During the hearing, Ms. Kavin testified about the need to protect independent contractors across the United States from proposed restrictions on the choice of self-employment. She warned about potential negative effects of federal legislation and regulations, modeled after California’s disastrous Assembly Bill 5, that redefine who is an independent contractor and who is an employee.

[Watch the whole hearing here.]

Watch: Ms. Kavin’s opening statement to the Congressional subcommittee here.
Watch: Rep. Bobby Scott doesn’t know what’s in his own bill here.
Follow Kim Kavin on Twitter
For all prior Labor Relations Radio episodes with Kim Kavin, go here.
For all prior episodes of Labor Relations Radio, go here.

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As a returning guest to Labor Relations Radio, Karen Anderson is a California-based freelance writers and founder of Freelancers Against AB5, a facebook group with more than 18,000 freelancers.

As a leader in the fight against AB5 and its ‘ABC Test,’ Ms. Anderson has catalogued the devastation California’s law has had on hundreds of professions harmed by AB5.

Recently, the 9th Circuit Court of Appeals issued a ‘scathing rebuke’ of AB5’s author, Lorena Gonzales who is now a powerful union leader in California and is also facing a separate scandal, along with her husband.

In this episode of Labor Relations Radio, Ms. Anderson provides some context around the ‘ABC Test‘ in AB5, Ms. Gonzales’ rebuke by the 9th Circuit, as well as how it relates to Julie Su (President Biden’s current nominee to succeed Labor Secretary Marty Walsh) and the gig economy nationwide.

Related:

Alphabetical Archive of Professionals Harmed by AB5
9th Circuit issues scathing rebuke of Lorena Gonzalez
It Turns Out Anti-Gig Economy Law AB 5 Was Tarnished by ‘Backroom Dealing’
Labor Relations Radio, Ep. 56: The State of the Union, Marty Walsh's Exit & Who Is Julie Su?
Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABC
How California Musicians Got F’d (and Now Relief) Under AB5

Go here for all prior episodes of Labor Relations Radio

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Such a fundamental transformation of America's economy deserves a closer lookThe Protecting the Right to Organize Act (PRO Act) is a massive rewrite of American labor law that, if signed into law, would fundamentally transform and potentially derail the overall American economy and effectively destroy the franchise model, as well as gig economy.

In light of this—or because of this—its proponents have not (or will not or cannot) put a cost to its impact.

In fact, according to a 2019 Congressional Budget Office (CBO) analysis, the CBO could not even provide an estimate of the PRO Act’s overall costs to the economy, stating:

For the private sector, CBO cannot anticipate the number of businesses likely to be affected by the bill or the extent of changes in their labor practices resulting from it; therefore, CBO cannot estimate the cost to comply with many of those requirements. [Emphasis added.]

On this episode of Labor Relations Radio, American Action Forum’s labor policy analyst, Isabella Hindley, discusses her research into the economic costs of the PRO Act, including its negative economic impact on the franchise model and independent contracting models.

Isabella Hindley’s Work on the PRO Act:

Recent Labor Regulations Will Disincentivize the Franchise Model
Economic Costs of the PRO Act: Update
DOL’s Independent Contractor Classification Proposed Rule Will Disrupt the Labor Market

View Ms. Hindley’s other research here.

For all prior episodes of Labor Relations Radio, go here.

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Last week, the governor of Michigan officially signed a repeal of the state’s 10-year old Right-to-Work law.

“With the stroke of her pen, Whitmer made Michigan the first state in nearly 60 years to abandon the policy opposed by labor advocates,” reported the Detroit Free Press.

Despite a majority of Michiganders supporting Right-to-Work, with its repeal, unionized workers in Michigan will, once again, be required to financially support unions or lose their jobs.

On this episode of Labor Relations Radio, in the wake of Michigan’s repeal, Glenn Taubman, a long-serving staff attorney with the National Right to Work Foundation, discusses a wide array of rights and options that employees who live in states without Right-to-Work laws have, as well as the largely unknown fact that employees do not have a legally-mandated right to ratify collective bargaining agreements.

Related:

National Right to Work Foundation: Know Your Rights
National Right to Work Foundation: Your Right to Work Rights – In 3 Minutes
Special Legal Notice to Private-Sector Workers in Michigan
Petition Against Union “Representation”

For all prior episodes of Labor Relations Radio, go here.

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CIE helps "loyal, hardworking people who are disenfranchised by coercive union power and union abuses."Since 2001, the Center for Independent Employees (CEI) has been “protecting employee freedom from union interference in the workplace.”

As a 501(c)(3) non-profit, CEI’s clients are employees—not employers—who are either unionized or not.

Specifically, according to its website, “CIE provides legal guidance and support to employees who wish to eliminate unions from their workplace, eradicate “must pay dues” clauses from union contracts, oppose initial union certification efforts, counteract workplace organizing, and remove Big Labor from our educational institutions.”

We work for the people – loyal, hardworking people who are disenfranchised by coercive union power and union abuses. When these employees begin the arduous task of going against Big Labor, they are often frustrated and overwhelmed by the process and feel intimidated by union tactics. CIE provides free legal aid and educational resources to employees ready to decertify a union that no longer serves their needs.

In this episode of Labor Relations Radio, CIE’s Senior Vice President Keith Williams shares how he went from a high school teacher and coach to lead the only successful school district in Pennsylvania to overturn union fair share fees before the Supreme Court’s Janus v. AFSCME decision.

Williams then, before joining CIE, was recruited from the classroom to lead and grow a now nationally recognized nonprofit, where he headed the successful decertification of an AFL-CIO affiliated union in a Pittsburgh-area school district.

To contact CIE, or Keith Williams, visit the CIE website here.

Related:

CIE Helps Teachers Remove NEA from Central Kansas School Districts
Two More School Districts Drop the NEA

For all prior episodes of Labor Relations Radio, go here.

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Last week, on March 16th, a lawsuit was filed in the U.S. District Court for the Western District of Michigan against the National Labor Relations Board’s General Counsel Jennifer Abruzzo (aka ‘The Memo Writer’).

At issue, according to a report by The Center Square, was a public memorandum announcing that she would “urge the Board to correct its longstanding precedent that allowed business owners to speak to their employees about unionization” and the ‘chilling effect’ her memo has had on employers’ First Amendment rights.

The plaintiff in the lawsuit is the Associated Builders and Contractors (ABC) of Michigan, a statewide trade association.

In this episode of Labor Relations Radio, Buck Dougherty, a Senior Attorney at the Liberty Justice Center, and one of the attorneys representing ABC of Michigan, discusses the lawsuit and its possible ramifications.

“Courts have made it clear that when a government official’s speech is not an attempt to convince but an attempt to coerce, then that official has crossed the line into threatening behavior,” LJC senior attorney Buck Dougherty said in a statement. “And the Supreme Court held many years ago in its Bantam Books decision that a threat of prosecution designed as a censorship scheme violates the First Amendment.”

Related:

Trade association sues labor board prosecutor over alleged First Amendment violations
The Lawsuit: Associated Builders and Contractors of Michigan, plaintiff v. Honorable Jennifer A. Abruzzo, in her official capacity as General Counsel, National Labor Relations Board, defendant
Labor Relations Radio, Ep. 31—Guest: Attorney Matt Miller On The Texas Lawsuit Against The NLRB's Attempt To Restrict Employer Speech

For prior episodes of Labor Relations Radio, go here.

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Last week, on March 16th, a lawsuit was filed in the U.S. District Court for the Western District of Michigan against the National Labor Relations Board’s General Counsel Jennifer Abruzzo (aka ‘The Memo Writer’).

At issue, according to a report by The Center Square, was a public memorandum announcing that she would “urge the Board to correct its longstanding precedent that allowed business owners to speak to their employees about unionization” and the ‘chilling effect’ her memo has had on employers’ First Amendment rights.

The plaintiff in the lawsuit is the Associated Builders and Contractors (ABC) of Michigan, a statewide trade association.

In this episode of Labor Relations Radio, Buck Dougherty, a Senior Attorney at the Liberty Justice Center, and one of the attorneys representing ABC of Michigan, discusses the lawsuit and its possible ramifications.

“Courts have made it clear that when a government official’s speech is not an attempt to convince but an attempt to coerce, then that official has crossed the line into threatening behavior,” LJC senior attorney Buck Dougherty said in a statement. “And the Supreme Court held many years ago in its Bantam Books decision that a threat of prosecution designed as a censorship scheme violates the First Amendment.”

Related:

Trade association sues labor board prosecutor over alleged First Amendment violations
The Lawsuit: Associated Builders and Contractors of Michigan, plaintiff v. Honorable Jennifer A. Abruzzo, in her official capacity as General Counsel, National Labor Relations Board, defendant
Labor Relations Radio, Ep. 31—Guest: Attorney Matt Miller On The Texas Lawsuit Against The NLRB's Attempt To Restrict Employer Speech

For prior episodes of Labor Relations Radio, go here.

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A wide-ranging discussion with Phil Wilson, President and General Counsel of Labor Relations Institute.In this episode of Labor Relations Radio, returning guest Phil Wilson, President and General Counsel of Labor Relations Institute, joins host Peter List to have a wide-ranging discussion on current actions being taken by the NLRB’s General Counsel, as well current organizing trends.

Phil Wilson is an author, as well as national expert on labor relations and creating positive workplaces. He is regularly featured in the business media including Fox Business News, Bloomberg News, HR Magazine, and the New York Times.

Wilson is a highly regarded keynote speaker, an adjunct professor at Northeastern State University, and the author of numerous books and articles on labor relations, union corruption and creating a positive workplace, including: The Approachability Playbook; Left of Boom (which reached number 2 on Amazon.com’s Hot Human Resource Books); Managing the Union Shop; and Model Contract Clauses.

Phil has been called on multiple occasions to testify before Congress on the subject of union financial reporting requirements. Wilson graduated magna cum laude from Augustana College in Rock Island, Illinois, and went on to earn his J.D. from the University of Michigan Law School.

Prior to joining Labor Relations Institute, Wilson practiced law at a Chicago firm where he represented companies nationwide in all areas of labor and employment law. He has also served as director of human resources for a multi- million dollar gaming corporation.

Related:

Labor Relations Radio, Ep. 40—LRI's Phil Wilson on the State of the Post-Pandemic Workplace

For prior episodes of Labor Relations Radio, go here.

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In cracking down on employers' communicating about NLRA Section 9(a), NLRB General Counsel Jennifer Abruzzo seems to want her cake and to eat it too.NLRB General Counsel Jennifer Abruzzo wants employers, during union organizing campaigns, to fully explain employees’ Section 9(a) rights under the National Labor Relations Act to include explaining unionized employees’ right to present their own grievances or, if they don’t, employers could face unfair labor practice charges or election objections.

Specifically, Abruzzo wants employers discussing ‘exclusive representation’ to include the following:

Section 9(a) provides that any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted without the intervention of the bargaining representative provided:1. The adjustment is not inconsistent with the terms of any collective-bargaining agreement then in effect.2. The bargaining representative has been given the opportunity to be present at such adjustment. [Emphasis added.]

However, in her zeal to prosecute employers, GC Abruzzo may be overlooking the chilling effect that many collective bargaining agreements, as well as union constitutions, have on employees’ rights under Section 9(a).

For example, Article 14, Section 3, which is found on page 119 of the Teamsters’ constitution, states (in part):

“Every member covered by a collective bargaining agreement at their place of employment authorizes the Local Union to act as his or her exclusive bargaining representative with full and exclusive power to execute agreements with the employer governing terms and conditions of employment and to act for him or her and have final authority in presenting, processing, and adjusting any grievance, difficulty, or dispute arising under any collective bargaining agreement or out of their employment with such employer in such manner as the Local Union or its officers deem to be in the best interests of the Local Union, all subject to Article XII and other applicable provisions of the International Constitution relating to such matters.”

In this episode of Labor Relations Radio, host Peter List explores the General Counsel’s seemingly-contradictory theory that is only being applied to employers, and how it could be applied to unionized employers and unions as well.

RELATED:

Labor Relations Radio, Ep. 60: Employers Beware—During Union Campaigns, Parse Your Statements…or Else.
NLRB’s Basic Guide to the National Labor Relations Act
7 Things Employers Couldn’t Say About Unions if NLRB’s General Counsel Has Her Way

For prior episodes of Labor Relations Radio, go here.

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Between The Lines #2: The UAW's TA with Caterpillar; Randi Weingarten's Faulty Reasoning; Julie Su's Nomination & The PRO Act is BackIn this second episode of Labor Relations Radio’s ‘Between the Lines,’ the following top stories are discussed:

The UAW has a tentative agreement with Caterpillar—but, there’s more to the story
At the Supreme Court, AFT’s Randy Weingarten invokes faulty reasoning to claim student debt is ‘unfair’
After Labor Secretary Marty Walsh joins the ‘one percent,’ President Biden nominates Julie Su—but she is not without controvery.
The poisonous PRO Act is reintroduced (for the third time) and Bernie Sanders all that is wrong with the bill

Articles mentioned in this episode:

Caterpillar/UAW TA
- Caterpillar workers reach deal with union, averting possible strike
- Build the Caterpillar Workers Rank-and-File Committee!
- Caterpillar workers have a right to know what’s being said in the contract talks!
- Vote NO on the UAW-Caterpillar concessions contract!
Randi Weingarten
- Randi Weingarten screams student debt is 'not fair' outside Supreme Court
- Randi Weingarten screams about student debt outside SCOTUS: ‘That is not fair!’
Julie Su Nomination
- The Wait Is Over. Biden picks Gig-Economy Opponent Julie Su as next Secretary of Labor
- Biden Labor Nominee Julie Su is a Threat to Independent Contractors and Freelancers Nationwide
- Rep. Kevin Kiley on Julie Su (on Twitter)
- Labor Relations Radio, Ep. 56: The State of the Union, Marty Walsh's Exit & Who Is Julie Su?
The PRO Act
- Labor-Friendly PRO Act Reintroduced in Congress
- Bernie Sanders on the PRO Act (on Twitter)

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No matter what stage you are in your career, ‘33 Ways Not To Screw Up HR’ is a ‘Must Read’ for any HR professional.Patricia Garland’s ‘33 Ways Not To Screw Up HR’ is one of the best books available for human resources professionals at every level.

"HR seems to be devolving into specialties where very few people have the big picture anymore.” — Patricia Garland

In this episode of Labor Relations Radio, Patricia Garland—a seasoned human resources executive—shares her wisdom on a wide variety of topics, ranging the role of HR, employee advocacy, compensation structures, benefits, employee coaching, and communications.

No matter what stage you are in your career, ‘33 Ways Not To Screw Up HR’ is a ‘Must Read’ for any HR professional.

Order ‘33 Ways Not To Screw Up HR’ on Amazon.

You can find prior episodes of Labor Relations Radio here.

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LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

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Patricia Garland’s ‘33 Ways Not To Screw Up HR’ is one of the best books available for human resources professionals at every level.

"HR seems to be devolving into specialties where very few people have the big picture anymore.” — Patricia Garland

In this episode of Labor Relations Radio, Patricia Garland—a seasoned human resources executive—shares her wisdom on a wide variety of topics, ranging the role of HR, employee advocacy, compensation structures, benefits, employee coaching, and communications.

No matter what stage you are in your career, ‘33 Ways Not To Screw Up HR’ is a ‘Must Read’ for any HR professional.

Order ‘33 Ways Not To Screw Up HR’ on Amazon.

You can find prior episodes of Labor Relations Radio here.

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WHAT THIS EPISODE IS ABOUT:

How employers communicate with employees during union organizing campaigns is under greater scrutiny than in years past.

In addition to her desire to banso-called “captive audience meetings” and consistent with her August 2021 Mandatory Submissions To Advice memo, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo, believes that it is “illegal for employers to tell workers who are considering unionizing that they would be giving up their right to interact directly with management.”

“It is Abruzzo’s latest challenge to long-standing employer practices she believes break the law and unfairly tilt the high-stakes votes on unionization petitions toward employers,” according to Law.com.

In the advice memo issued Jan. 31, Abruzzo cited these as examples of statements she might find unlawful; “If you sign a union card, you’ll be giving up your right to speak for and represent yourself,” and “You can’t just come to me [manager] anymore. You have to go to your union rep.” [Emphasis added.]

Despite the fact that the NLRB’s Basic Guide to the National Labor Relations Actstates:

Once a collective-bargaining representative has been designated or selected by its employees, it is illegal for an employer to bargain with individual employees, with a group of employees, or with another employee representative. [Emphasis added.]

The NLRB’s guidebook (and the National Labor Relations Act) states:

Section 9(a) provides that any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted without the intervention of the bargaining representative provided:

The adjustment is not inconsistent with the terms of any collective-bargaining agreement then in effect.
The bargaining representative has been given the opportunity to be present at such adjustment. [Emphasis added.]

It employers’ omission of this latter part that GC Abruzzo believes is misleading and, therefore, violative of the law.

Given the new direction of the the current NLRB, in this episode of Labor Relations Radio, host Peter List provides a short refresher on “Do’s and Don’ts” for employers and their agents.

Two important points for listeners:

Nothing in this episode should be construed as legal advice. As an employer, if you believe you are under the threat of unionization, you are strongly encouraged to seek out competent legal advice from a competent labor attorney.
For this episode, as well as general learning, listeners should download the NLRB’s Basic Guide to the National Labor Relations Act (in PDF on NLRB.gov), as well as familiarize themselves with it.

You can access the PowerPoint covered in this episode of Labor Relations Radio at the link below.

Employer "Do's & Don'ts " During Union Organizing Campaigns

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With more than 150 large labor contracts set to expire this year—affecting more than 1.6 million workers—along with hundreds of newly-unionized employers heading to the bargaining table amidst a labor shortage—it is likely that the nation will see more strikes in 2023 than it has in years.

“A union’s bargaining power depends upon three main elements: the right to strike, the ability to strike effectively, and the company’s ability to withstand a strike. A strike should not be under-taken lightly, for the strike is the ultimate economic weapon—and it can backfire.” —Teamsters Strike Manual, page 1

In this episode of Labor Relations Radio, Michele Vincent, Senior Director of Marketing & Sales, for MADI Corp. discusses the strike contingency planning that companies that choose to operate their businesses during labor disputes need to look at.

As host of the popular podcast the U.S. Manufacturing Workforce Podcast, Michele recently did an episode on Gearing up for Potential Strikes.

Although MADI Corp. no longer provides strike contingency staffing services, the company has 30 years of expertise in doing so, and Michele shares some of that expertise in this episode.

Related: Strike While the Iron is Hot: What's Happening In Labor Relations

You can find prior episodes of Labor Relations Radio here.

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“One fact stands out in bold relief in the history of man's attempts for betterment. That is that when compulsion is used, only resentment is aroused, and the end is not gained. Only through moral suasion and appeal to man's reason can a movement succeed.” — Samuel Gompers, American Federation of Labor

Terry Bowman is a full-time auto worker and worker-freedom advocate, as well as a leading voice for Right-to-Work laws.

As a vocal supporter for Right-to-Work laws, Terry has testified in the U.S. House of Representatives, numerous state legislatures, as well as appeared on Fox News.

In addition to his full-time job, Terry has written numerous op-eds, and also sits on the Board of Directors for the Institute for the American Worker (I4AW).

In this episode of Labor Relations Radio, Terry discusses the history of his fight for Right-to-Work legislation, why he left UAW membership, as well as a host of other issues.

Articles written by Terry Bowman

Repealing Right-to-Work is a bad deal for Michigan autoworkers
The Democrats’ Latest Target In Their War On The Return Of Manufacturing
Michigan Democrats want to steal my rights so they can reward their union buddies
UAW should be held accountable for corruption in its ranks

You can find prior episodes of Labor Relations Radio here.

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If you go onto the United States Postal Service’s website to buy some stamps (or order a ‘free’ COVID test), when you go to check out, and enter all your personal information (name, address, telephone number, etc.), you may find some curious fine print in the USPS’ Privacy Act Statement. [See screenshots below.]

We do not disclose your information to third parties without your consent, except to act on your behalf or request, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to agencies and entities to facilitate or resolve financial transactions; to a U.S. Postal Service auditor; for law enforcement purposes, to labor organizations as required by applicable law; incident to legal proceedings involving the Postal Service; to government agencies in connection with decisions as necessary; to agents or contractors when necessary to fulfill a business function or provide products and services to customers; and for customer service purposes. For more information regarding our privacy policies visit www.usps.com/privacypolicy. [Emphasis added.]

Last year, Americans for Fair Treatment’s Elisabeth Messenger came onto Labor Relations Radio and discussed a number of issues (episode here).

Near the end of the episode, Ms. Messenger mentioned AFFT’s Freedom of Information Act (FOIA) lawsuit filed against the U.S. Post Office seeking information. However, she did not go into great detail.

Earlier this week, both the Daily Mail and Gateway Pundit ran stories about the AFFT lawsuit.

In this episode of Labor Relations Radio, David R. Dorey, Senior Litigation Counsel at the Fairness Center, the law firm representing AFFT.

Related: About the Fairness Center

David explains the background of the AFFT’s lawsuit against the USPO, where it stands, as well as a number of interesting cases he and the Fairness Center are handling.

Related:

Daily Mail: US Postal Service is accused of sharing private information from 68 million households that applied for free Covid-19 tests with labor unions that could potentially be used for their political campaigns
Gateway Pundit: Lawsuit: Did the US Postal Service Share Private Customer Information With Unions?
ICE employees say agency canceled their union but still collected dues
Labor Relations Radio, Ep 49—AFFT's Elisabeth Messenger on Union Pension Bailouts, Public Sector Unions and More
Labor Relations Radio, Ep. 19: Guest—The Fairness Center's Nathan McGrath On Janus, the Allentown Symphony & More

You can find prior episodes of Labor Relations Radio here.

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Who will replace U.S. Labor Secretary Marty Walsh?

As President Biden gave his State of the Union address on Tuesday night, one individual was conspicuously absent—U.S. Labor Secretary (and “designated survivor”) Marty Walsh.

Walsh is reportedly going to be leaving the Biden administration to join the ‘One Percent’ by taking a $3 million per year job as the Executive Director of the National Hockey League’s Players Association.

As Walsh will be (presumably) stepping down soon, the question of who will be is replacement becomes apparent.

One likely candidate to replace Walsh is Deputy Secretary of Labor Julie A. Su, a controversial enforcer of California’s devastating AB5, and opponent of the gig economy.

In her role as Deputy Secretary, Su is (in part) responsible for the Department of Labor’s attempt to redefine independent contractors to, as much as possible, emulate California’s ‘ABC-Test’—which is encapsulated in AB5.

With 39% of the U.S. workforce, or 60 million Americans, engaging in some type of freelance or gig work, California freelance writer and leader of Freelancers Against AB5 Karen Anderson joins host Peter List to give some background about Julie Su’s abysmal record in California.

RELATED:

Freelancers Against AB5
Upwork - Freelance Forward 2022
AB5 Personal Stories
Gig-Worker Bills and Laws: a Comprehensive Overview
The Devastating Impact of AB5 on People with Disabilities and Their Families
Labor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor Rules
Labor Relations Radio, Ep. 15—Guest Kim Kavin Gives An Update On The Fight For Freelancers

You can find prior episodes of Labor Relations Radio here.

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Stephen Enright (bio here) is a successful human resources consultant, executive, and HR leader, with a solid record of leading HR in healthcare, transportation, and high tech industries.

He has managed the Human Resources function in both union and non-unionized environments, from the manager, director, as well as CHRO levels, and has watched the HR function evolve over the years.

Stephen believes in the ‘old school’ approach that the three roles of HR are;

Advisor to management
Advocate for employees
Agent for the organization

"‘Corporate enabler’ should not be something on our resume,” he states on his website.

“I believe that the simple solution is often the best solution,” Stephen writes “There is still elegance in simplicity.”

In this episode of Labor Relations Radio, Stephen shares his perspectives on how Human Resources has changed over the years, and how C-Suite executives can help steer HR and how younger HR professionals can shape their careers.

You can find prior episodes of Labor Relations Radio here.

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In this first episode of ‘Between the Lines,’ Labor Relations Radio host Peter List covers some of the important labor union news stories of the week and provides perspective.

Articles covered in this episode:

1.6 million workers will see their contracts expire this year. Will 2023 be the 'Year of the Strike?'
UAW Strikers Told They Could Be Permanently Replaced If Latest CNH Deal Was Rejected
On The Eve Of UAW Strike Vote, Caterpillar Reminds Workers What A Strike May Cost Them
UC Intends To Dock Pay Of Workers Who Went On Strike
LRI: 2022—A Good Year Or Bad Year For Unions?
A Union That Tried To Impose Contract On Workers Behind Their Backs Is Decertified
PBGC Bailed Out Five More Union Pensions Last Week
HuffPost: TikTok Bans Medieval Times Union Account Following Trademark Complaint

For prior episodes of Labor Relations Radio, go here.

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Since the first Starbucks cafe unionized in Buffalo, New York in 2021 much of the media coverage has portrayed the campaign to unionize Starbucks as a mostly organic effort.

Other than passing mentions that the Starbucks Workers United is an affiliate of the Service Employees International Union (SEIU), with the exception of a few, most mainstream media journalists who cover labor unions have not investigation, nor reported, on the amount of money and resources the SEIU has spent to unionize the world’s largest coffee retailer.

In this episode of Labor Relations Radio, the Freedom Foundation’s Director of Labor Policy Maxford Nelsen joins host Peter List to discuss Mr. Nelsen’s findings about the “astroturf” campaign to unionize Starbucks, as well as the union’s use of union ‘salts,’ and some of the expenditures made.

In addition to discussing the SEIU’s role in the Starbucks campaign, Mr. Nelsen discusses some of the Freedom Foundation’s important cases involving First Amendment issues for public-sector workers that may be heard by the U.S. Supreme Court..

Related:

Big Labor’s Astroturfed Unionization of Starbucks
SEIU drops its front in unionizing Starbucks
Labor Relations Radio, Ep. 20—A Primer On How Union Salts and “Moles” Undermine Companies Like Amazon and Others
Labor Relations Radio, Ep. 41—Did a Federal Court Just Legitimize Union Forgery? It Sure Seems Like It.

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Last week’s strike in New York City, where 7,000 nurses walked off their job over staffing and pay, was symbolic of a much larger issue facing the U.S. healthcare system and even other countries like England.

Though it remains to be seen—and even doubted by some—whether the strike will significantly address the nurses’ concerns, the publicity around the strike raised awareness of the problems that healthcare professionals have been facing for years—but even moreso since the pandemic.

In this episode of Labor Relations Radio, host Peter List is joined by ‘Melissa,’ a front-line nurse from California who worked through the pandemic as a travel nurse.

As a nurse, Melissa has seen both good and bad in hospitals and explains why so many nurses may be leaving the field altogether, as well as the important issues that could cause nurses to stay in their professions.

Related articles:

CNN: New York nurses strike ends after tentative deal reached with hospitals
NPR: NYC nurses are on strike, but the problems they face are seen nationwide
New York City nurses end strike as tentative agreements reached: 8 things to know
WSWS: Mew York nurses oppose sellout deal after union shuts down strike against dangerous understaffing
Why nurses say they are striking and quitting in droves
Nurses on the picket lines as London faces fresh two-day strike

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Dr. Keith Courville, Ed.S., Ph.D. is the Executive Director of the Associated Professional Educators of Louisiana (A+PEL).

In existence since the mid-1980s, A+PEL is not a teachers’ union. Rather, it is a non-partisan, non-profit member organization that serves educators in the State of Louisiana.

A+PEL is, according to its website, “committed to supporting, empowering, and encouraging Louisiana educators throughout their entire careers by providing comprehensive legal coverage, professional development, financial resources, and opportunities to amplify their voices.”

In addition to the benefits provides A+PEL provides its members, A+PEL is the premier educators’ organization in Louisiana, advancing A+ teachers as career professionals though professional development.

In this episode of Labor Relations Radio, Dr. Courville explains the benefits of A+PEL for educators, as well as why an association that focuses on the profession, rather than politics, is an attractive option for many teachers today.

To visit A+PEL’s website, go here.

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With the U.S. Department of Labor’s public comment period on the DOL’s proposed rule on independent contractors now closed, Kim Kavin, a returning guest, freelance writer and co-founder of Fight for Freelancers USA , provides an update on the union-backed governments’ efforts to kill the gig economy.

Related:

Public Comment to the DOL from Fight For Freelancers USA
Labor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor Rules
The Surprising History of 'Freelance' (Freelancing has always been a battle. Literally.)

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The Americans for Fair Treatment (AFFT) is a national nonprofit organization that offers educational materials and a free membership program to current and former public-sector employees.

In this episode of Labor Relations Radio, AFFT’s CEO, Elisabeth Messenger, joins host Peter List to discuss union pension bailouts, public sector unionism and the U.S. Post Office’s privacy policy that may be letting unions’ obtain USPS customers’ private information when ordering COVID-19 test kits and even stamps.

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“The continuing clamor for extension of state regulatory powers under the guise of reform and deliverance from evil can but lead into greater confusion and more hopeless entanglements.” — Samuel Gompers, 1923

With President Biden and Congress imposing labor contracts on rail workers last week, we saw people who normally demand government intervention into the economy decrying government intervention; while, at the same time, people normally opposed to government intervention in the free market applauded government intervention.

In this episode of Labor Relations Radio, on the heels of politicians imposing contracts on railroad workers, host Peter List addresses the hypocrisy of those for and against the passage of the PRO Act (or Protecting the Right to Organize Act).

Related:

Biden Calls On Congress To Pass Legislation To Impose Rail Contracts To Avert Crippling Strike
If Only Samuel Gompers Were Alive Today
If Biden Is Really Pro-Union, He Has One Chance to Prove It
Biden Has Backstabbed Rail Workers and Betrayed Union Allies
Bernie Sanders, DSA play crucial role in passing anti-strike law against railroaders

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On this episode of Labor Relations Radio, following a brief update on President Biden’s request for Congress to impose contracts on the railroad workers who rejected the Biden-brokered deal, journalist Kerry Picket joins host Peter List to talk about the state of journalism, politics, and unions.

Kerry Picket is a senior congressional reporter for The Washington Times and fill-in radio host at SiriusXM Patriot 125. She previously covered the hill at other DC-based outlets including the Daily Caller and the Washington Examiner. Before that, she produced news for Robin Quivers of The Howard Stern Show on SiriusXM, wrote entertainment news for MTV Radio, and worked as a production assistant at MTV.com. She appears frequently as a guest commentator on cable news programs and syndicated radio shows.

Listeners can follow Kerry’s writings on Twitter and Facebook.

Related:

Picket: Democratic-allied groups release oppo research on House GOP investigators ahead of new Congress
Biden Calls On Congress To Pass Legislation To Impose Rail Contracts To Avert Crippling Strike
Here is an Overview of the Current Railroad Labor Dispute and Possible Work Stoppage

Will litter boxes be considered a 'reasonable accommodation' to end discrimination against furries? Will unions be required to represent 'furries' who are fired for barking or hissing at their bosses?There is a debate about today’s educational system and the role teachers’ unions play in either preparing students to become productive citizens, or whether they are merely “indoctrinating” students.

Last week, for example, former Secretary of State Mike Pompeo stated in an interview that he believed that Randi Weingarten, the head of the American Federation of Teachers, is the world’s “most dangerous person.”

“f you ask, ‘Who’s the most likely to take this republic down?’ It would be the teacher’s unions, and the filth that they’re teaching our kids, and the fact that they don’t know math and reading or writing,” Pompeo stated.

This, of course drew a sharp rebuke from Weingarten.

So, what’s really happening in the post-pandemic classrooms across America?

In this episode of Labor Relations Radio, host Peter List is joined by a college student and a high school student, respectively, who shared some of their experiences in today’s classrooms.
Related:

Mike Pompeo calls teacher union boss Randi Weingarten ‘most dangerous person’
Randi Weingarten angrily claims Pompeo 'hurting kids' with attacks on her
Teachers unions are indoctrinating kids — with Biden’s support

Two Boomers and a Gen Z walk onto a podcast...

To older managers and business owners (aka ‘bOoMeRs’), managing the ‘Gen Z’ workforce can be a perplexing issue.

In this episode of Labor Relations Radio, host Peter List and returning guest Reputation Partners’ Nick Kalm, along with Haley Hartmann work through the stereotypes and discuss some of the uniqueness in working with Gen Z workers.

Related:

Labor Relations Radio, Ep. 44—Guest Nick Kalm On Why The Mid-Term's 'Red Wave' Was Barely A Ripple
Labor Relations Radio, Ep. 9—Reputation Partners' CEO Nick Kalm On Attacks On Company Brands

The Republican Party Was Supposed To Fare Much Better. So, What Happened?With several election outcomes and the balance of power in Washington still to be decided—with the exception of Florida—the Republicans’ expected “red wave” in Tuesday’s mid-term elections failed to materialize. Why?

In this episode of Labor Relations Radio, Nick Kalm, the CEO of Reputation Partners—a previous guest on the podcast—joins host Peter List to discuss the elections and what caused the GOP to perform so poorly.

Related:

AFL-CIO’s Shuler: Labor’s historic political effort paid off, will continue

On this episode, F. Vincent Vernuccio, President and Co-Founder of the Institute for the American Worker, returns to Labor Relations Radio to discuss the Department of Labor’s proposal to eliminate independent contractors, the National Labor Relations Board’s efforts to classify franchises and their franchisees as “joint employers,” as well as a host of other issues.

Related:

The Institute for the American Worker’s Regulation Watch
The Hill: A fearful October for entrepreneurs
Voters agree: There’s nothing wrong with employer meetings on unionization
Labor Relations Radio, Ep. 2—Guest: F. Vincent Vernuccio of the Institute for American Workers

Dan McCrory spent 37 years with AT&T and rose through the ranks of the Communications Workers of America to become a local president.

As a member of the Writers Union, Mr. McCrory published ‘Capitalism Killed The Middle Class’ and is currently working on his next book ‘Rebuilding Unions.’

In additional to his writing, according to his bio, Mr. McCrory “has written for the glamorous telecom industry, represented actor Cliff Robertson as a Hollywood publicist, cranked out political propaganda and advertising copy (yes, there is a difference usually), has edited a couple of books and was just published in California's Best Emerging Poets' 2020 anthology.”

In this episode of Labor Relations Radio, McCrory and host Peter List discuss a wide array of topics, from his book to the role of unions and government, as well as issues affecting workers and the workplace.

“My biggest problem with modernity may lie in the growing separation of the ethical and the legal” ― Nassim Nicholas Taleb
Freedom Foundation Attorneys Sydney Phillips and Rebekah Millard discuss the 9th Circuit Court of Appeals' cases that turn logic on its head.Recently, the 9th Circuit Court of Appeals heard several cases involving unions forging the signatures of employees.

Surprisingly, “the three-judge panel managed to acknowledge the membership cards in question were forged while simultaneously concluding a union can’t be held responsible for dues illegally taken from a public employee’s paycheck because a union isn’t a government agency; rather, it is merely a private organization,” according to the Washington Examiner.

And conversely, the state is also blameless, the court concluded, because the state is free to delegate to the union all responsibility for deciding who does and doesn’t pay dues. In other words, the 9th Circuit claimed the state has no duty to protect its employees’ First Amendment rights.

In this episode of Labor Relations Radio, host Peter List is joined by Sydney Phillips and Rebekah Millard, the Freedom Foundation attorneys who argued the cases on behalf of the aggrieved employees.

Related:

9th Circuit forgery decisions allow unions to rule by deceit and undermine workers' rights

Phil Wilson is President and General Counsel of the Labor Relations Institute and is a national expert on labor relations and creating positive workplaces. He is regularly featured in the business media including Fox Business News, Bloomberg News, HR Magazine, and the New York Times.

Wilson is a highly regarded keynote speaker, an adjunct professor at Northeastern State University, and the author of numerous books and articles on labor relations, union corruption and creating a positive workplace, including: The Approachability Playbook; Left of Boom (which reached number 2 on Amazon.com’s Hot Human Resource Books); Managing the Union Shop; and Model Contract Clauses.

In this episode of Labor Relations Radio, Phil joins host Peter List to discuss post-pandemic workplace challenges, union organizing, the labor shortages impacting businesses and state of the economy.

Americans have until November 28th to submit comments on this important issue.Returning guest Kim Kavin is a full-time, freelance journalist and one of the co-founders of Fight for Freelancers USA.

Albeit reluctantly, Ms. Kavin is one of the nation’s most knowledgable individuals on how union-backed politicians and agency bureaucrats are attempting to outlaw independent contracting through legislative and regulatory fiat.

In this episode of Labor Relations Radio, Ms. Kavin joins host Peter List to discuss and break down the Department of Labor’s recently announced Proposed Rules for Independent Contractors, and how it appears to be similar to California’s failed ‘ABC Test.’

As there are 59 million Americans who participate in the ‘gig economy’ as independent contractors, with the period for public comments closing on November 28, 2022, Ms. Kavin urges people who want to have a voice on this very important issue to go to the Federal Register and leave a comment (link here).

Related articles:

DOL independent contractor definition could pose problems for truck fleets
U.S. Labor Department Proposed Rule Threatens Independent Contractor Health, Financial Stability
Roth: Biden’s plan to kill independent and gig work
Proposed DOL Independent Contractor Rule Would Stifle Worker Freedom

Gabriella Hoffman is media strategist, consultant, and award-winning outdoor writer based in the Washington, D.C. Metro Area.

Ms. Hoffman specializes in social media management, strategic communications, branding, public relations, marketing, digital strategies, speaking/trainings, basic photography and videography services.

As a full-time freelancer or “gig worker,” Gabriella Hoffman is an independent contractor who has also written and commented extensively on how unions—through their allies in the Democratic Party at the state and federal level—are trying to destroy the ability of freelancers to earn a living.

In this episode of Labor Relations Radio, Ms. Hoffman discusses the threat to the gig economy posed by the unions and their political allies.

Gabriella Hoffman’s writings on the threat to freelancers and the gig economy:

Biden Administration Continues Waging War on Freelancing | Townhall
A Win for American Workers: The Senate Rejects David Weil
Republicans Must Fight for Freelancers in 2022
This Labor Day, Stand with 59M American Freelancers
New Poll Reveals Bipartisan Disapproval for the PRO Act

Related:

Department of Labor Proposes New Rule for Independent Contractor Status

It's coming faster than most people recognize.With the fast-paced arrival of innovative and transformative technologies, will workers whose jobs are most likely to be disrupted have the skills and training required for the new jobs being created? — Emma Coalition

Guest Michael Lotito is a shareholder with the law firm Littler Mendelson, and is one of the premier labor attorneys in the nation.

As importantly, Mr. Lotito is one of the nation’s thought leaders on workplace policy and, as such, is also co-chair of Littler’s Workplace Policy Institute.

Back in March, Mr. Lotito came onto Labor Relations Radio and, while the conversation was mostly about labor policy and various things going on with the National Labor Relations Board, he touched on some of the broader changes that are going on in the American workplace and what he’s been doing about it.

This episode is a deeper dive into some of those issues and the Emma Coalition a project Michael co-founded and named in honor of his granddaughter.

The Emma Coalition is dedicated to educating the employer community and policymakers about the issues surrounding TIDE™️—which stands for technology-induced displacement of employees.

Related Reading:

The Emma Coalition
Emma Coalition: Who will TIDE™ effect most?
Workplace Policy Institute’s Annual Labor Day Report
Automation & Artificial Intelligence: TIDE at the Tipping Point
Thought Leaders Predict AI’s Impact on the Workforce

The little known (and even less understood) Weingarten Rights are likely coming back to non-union workplaces. The only question is when.In this episode of Labor Relations Radio, Jon Hyman—one of the most well-known and prolific employee and labor law writers on the internet, as well as shareholder and director at Wickens Herzer Panza, in Avon, Ohio—joins host Peter List to discuss Weingarten Rights.

Weingarten Rights are a little known or understood concept that currently only apply to unionized workplaces. However, Weingarten Rights are very likely to be returning to the non-union workplaces soon.

Related Links:

The NLRB is inching towards Weingarten Rights for all employees
Follow Jon Hyman on LinkedIn
Subscribe to the Ohio Employer Law Blog.
Jon Hyman and Michael VanDervort on DriveThruHR
Worst Employers 2022
Worst Employers 2021
NLRB: Weingarten Rights — The Right to Request Representation During an Investigatory Interview

More Labor Union News

From AB5 to AB257, a former SEIU local officer shares her viewsFrom AB5 to AB257, California is the petri dish of experiments that are often imposed on the rest of the nation.

In this episode of Labor Relations Radio, former state worker, SEIU local officer, and current “troublemaker” Linda “Pinky” Martinezshares her views of how the state has devolved, its politics, current issues, and her lingering optimism that the state can turn itself around.

Related:

Labor Relations Radio, Ep. 34—CPC's Lance Christensen on California's FAST Act and other Golden State developments
Fundamental Transformation, Part I: For Unions, California's Fast-Food Council May Be Just The Beginning of State-Controlled Sectoral Bargaining Across the U.S.

“As goes California, so goes the rest of the nation…?”In this Labor Day Weekend episode of Labor Relations Radio, Lance Christensen Vice President, Education Policy & Government Affairs of the California Policy Center rejoins host Peter List to discuss the FAST Act (AB257)—a bill that will fundamentally transform the fast-food industry in California (and perhaps elsewhere)—the California legislature’s hypocritical failure to allow its staffers to unionize, as well as other legislative issues in Gavin Newsom’s “pay-to-play” California.

Related Links:

The California Book of Exoduses
California lawmakers approve landmark fast food workers bill
WSJ: California Fast Food Wages Would Be Set by Government Under Bill Passed by State Legislature
California Democrats kill bill that would have let legislative employees unionize
CA Gov. Newsom Threatens to Veto Farmworker Union Bill as He Buys $14.5M Vineyard in Napa Valley
Gavin Newsom campaign donors received billions in CA state contracts, investigation finds
Should vacant hotels in Los Angeles house the homeless? Voters will decide.

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Unions are pushing the Senate to vote on the PRO Act. Here's the latest update:The Protecting the Right to Organize Act (aka the PRO Act) is the most significant rewrite of American labor law in 75 years. It has already passed the U.S. House of Representatives (twice) and, now, unions are pushing for the U.S. Senate to vote on the bill.

On this episode of Labor Relations Radio, Ben Brubeck, Vice President of Regulatory, Labor and State affairs for the Associated Builders and Contractors shares the latest updates on the PRO Act, as well as other legislative and regulatory updates from Washington, D.C.

The Associated Builders and Contractors is a national construction industry trade association representing more than 21,000 members in 68 chapters and is the merit shop construction industry's voice with the legislative, executive and judicial branches of the federal government and with state and local governments.

Related links and information:

BuildAmericaLocal.com
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Attorney Wally Zimolong has been described by the American Federation of Teachers as “a destructive force” due to his pro bono assistance to a group of graduate students at the University of Pennsylvania who opposed unionization of graduate students.

LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To support our work, consider becoming a paid subscriber.

As a traditional labor and employment attorney, has been on the front lines of assisting clients in numerous issues before federal and state courts, private arbitration, and before government administrative law judges.

In 2015, he spearheaded an investigation into the Regional Director of the National Labor Relations Board that resulted in an Inspector General investigation and ultimate suspension of the director for illegal conflicts of interest.

In this episode of Labor Relations Radio, in addition to a number of other labor and political issues discussed, Zimolong discusses the U.S. Supreme Court’s recent West Virginia v. Environmental Protection Agency ruling and whether or not it may put a damper on the NLRB’s decision-making abilities, as has been suggested, as well as the more-likely impact of next year’s SCOTUS decision in Cochran v. SEC.

Related:

EPA Supreme Court Decision May Limit Rulemaking Power from DOL, EEOC and NLRB
Ethically-Challenged NLRB Director By Day, Influence Peddler By Night
Harvard Law Review: Cochran v. SEC
Texans sue NLRB over alleged constitutional violations

Background. In early April, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo indicating that “she will ask the Board to find mandatory meetings in which employees are forced to listen to employer speech concerning the exercise of their statutory labor rights, including captive audience meetings, a violation of the National Labor Relations Act (NLRA).”

Less than a week later, GC Abruzzo filed a brief in a case called Cemex, in which Abruzzo “seeks to (1) ban so-called “captive audience” meetings, (2) eliminate the ability of employers to insist on secret-ballot elections, and (3) restrict an employer’s right to inform employees about how the employer-employee relationship may change with union representation,” noted the attorneys at Perkins Coie.

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The Lawsuit. Then, in mid-July, the Texas Public Policy Foundation’s litigation center, the Center for the American Future, sued the National Labor Relations Board (NLRB) for “violating the First Amendment in its unlawful attempt to silence employer speech.”

“The Center for the American Future advances Tenth Amendment principles through opposition to federal abuse in the areas of environmental, private property, and business autonomy rights,” according to its website.

In that mission, the Center “launches legal challenges to government overreach at the administrative, district and appellate court levels and represents clients whose lives and liberty are threatened by federal-government action in defiance of the Constitution.”

In this episode of Labor Relations Radio, host Peter List talks with Matt Miller, one of the attorneys involved in the lawsuit against the NLRB and GC Abuzzo.

Matt Miller is a senior attorney in the Center for the American Future.

According to his bio, before joining the Foundation, Matt served as the managing attorney of the Texas Office of the Institute for Justice for nine years and later as a senior attorney at the Goldwater Institute for almost four years.

Be sure to check out other projects the Texas Public Policy Foundation is involved with here.
Read the TPPF lawsuit here [in PDF]
Related: Texans sue NLRB over alleged constitutional violations

Despite an average win rate of more than two-thirds of all NLRB-conducted secret-ballot elections since the mid-2000s, unions and their allies continue try to effectively eliminate workers’ right to vote in secret-ballot elections, as well as tilt the playing field to unions.

Despite their repeated efforts over the last 15 years to legislatively institute the flawed process of unionization called “card check,” unions have, thus far, failed.

However, now, unions are using the National Labor Relations Board (NLRB), as well as alternative bills like the COMPETES Act and amendments to the National Defense Authorization Act of 2022 to sneak card check in on a piecemeal basis.

The Coalition for a Democratic Workplace (CDW), a coalition “composed of hundreds of organizations representing millions of businesses that employ tens of millions of workers nationwide in nearly every industry,” has been opposing elimination of secret-ballot election (via card check) since 2005 and now focuses on “regulatory overreach” by the NLRB.

In this episode of Labor Relations Radio, Ed Egee, who chairs the CDW’s lobbying committee and is vice president of government relations and workforce development at the National Retail Federation, joins host Peter List to discuss a number of developments in Washington, D.C. and elsewhere.

Those developments include a new CDW report on unions’ “latest attempt to workers’ right to secret ballots” through online voting, the CDW letter opposing an amendment in the National Defense Authorization Act of 2022 that “would eliminate workers’ right to secret ballots in union representation elections, as well as attempts to eviscerate the “gig economy” and the independent contractor model through the so-called ‘ABC Test.’

Related Reading:

CDW Issues Report on the Dangers of Online Voting in Union Representation Elections
CDW Sends Letter to House Opposing Radical Labor Provisions in NDAA
NLRB General Counsel Wants to Throw out Decades of Labor Law Precedent to Tip Scales in Favor of Unions

laborrelations #humanresources

Michael D. Farren, PhD., is a Senior Research Fellow at the Mercatus Center at George Mason University.

HIs article A Pro-Union Vision for the 21st Century and Beyond raises interesting possibilities for unions in the 21st Century.

In this episode of Labor Relations Radio, Dr. Farren discussed a “blue sky” vision of how unions could prosper by getting rid of “Unions’ Original Sin: Exclusive Representation” and competing in a free market workplace, as well as independent contractors and the problems with the PRO Act.

Other, related articles by Dr. Farren:

Don't Destroy Union Regulations Because You Don't Understand Them
Strong Job Growth Isn't Enough

Go here for past episodes of Labor Relations Radio.

If you’re in human resources, you probably know the name Suzanne Lucas (aka “Evil HR Lady”).

Suzanne is one of the most well-known writers on HR topics and writes about many current events affecting the HR community.

In this episode Labor Relations Radio, Suzanne shares the history of her “Evil HR Lady” moniker, as well as her thoughts on a wide array human resources topics.

Although she writes for a number of publications, you can read all of “Evil HR Lady” here.

If you’re a human resources professional and on Facebook, you can join her Facebook page here.

“One fact stands out in bold relief in the history of man's attempts for betterment. That is that when compulsion is used, only resentment is aroused, and the end is not gained. Only through moral suasion and appeal to man's reason can a movement succeed.”—Samuel Gompers, Founder of the American Federation of LaborMark Mix is our guest on this episode of Labor Relations Radio.

Mr. Mix is the President of the National Right to Work Legal Defense Foundation.

He also serves as President of the National Right to Work Committee, a 2.8 million member public policy organization.

Often maligned by union leaders, for decades, the National Right to Work Legal Defense Foundation has been at the forefront of helping employees by fighting to “eliminate coercive union power and compulsory unionism abuses through strategic litigation, public information, and education programs.”

As such, Foundation attorneys provide free legal aid to workers whose rights may be being violated by “compulsory unionism” and their cases have reached the U.S. Supreme Court on several occasions—including the 2018 Janus Decision impacting all public-sector workplaces..

The National Right to Work Committee, which was established in 1955, is a “nonprofit, nonpartisan, single-purpose citizens’ organization dedicated to the principle that all Americans must have the right to join a union if they choose, but no one should ever be forced to affiliate with a union in order to get or keep a job.”

Related Posts:

Worker Advocate Slams Biden Labor Board Plan to Gut Reforms Protecting Workers’ Right to Vote Out Unwanted Unions
Worker Advocate Demands Department of Labor and Department of Justice Investigate Michigan SEIU Local’s “Serious Financial Malpractice”

With the word ‘recession’ hitting the headlines, Dr. Dan Mitchell, a co-founder of the Center for Freedom and Prosperity and the Center for Freedom and Prosperity Foundation, discusses the current economic outlook for the country.

Dr. Mitchell holds a Ph.D. in Economics from George Mason University and master’s and bachelor’s degrees in economics from the University of Georgia. Mitchell was a senior fellow with the Cato Institute and The Heritage Foundation, and an economist for Senator Bob Packwood and the Senate Finance Committee. He also served on the 1988 Bush/Quayle transition team and was Director of Tax and Budget Policy for Citizens for a Sound Economy.

Dr. Mitchell’s writings can be found here.

For past episodes go here.

Mr. Maxford Nelson, the Freedom Foundation’s Director of Labor Policy is the Labor Relations Radio guest.

The Freedom Foundation is, according to its website, a “battle tank that’s battering the entrenched power of left-wing government union bosses who represent a permanent lobby for bigger government, higher taxes, and radical social agendas.”

In that regard, through its “Opt Out Today” program , the Freedom Foundation has “liberated” 116,918 public employees from political exploitation” through “education, litigation, legislation, and community activation” saving them $210,586,326.

Additional Reading:

California union forges another signature to keep a member locked into paying dues
Educator Uses Former Union Fees To Help Human Trafficking Victims
AFSCME local throws in the towel 3 hours after being served with papers to stop unconstitutional deductions
Maxford Nelson on Twitter

Former NLRB Chairman Mark Gaston Pearce joins Labor Relations Radio for a wide ranging discussion about the post-pandemic activism, life after the NLRB, union organizing, the politics of labor policy, as well as art.

As a former Board Member and Chairman of the National Labor Relations Board (NLRB), Chairman Pearce served by appointment of President Barack Obama for two terms, concluding in August 2018.

On August 23, 2013, he was sworn in for a second term that expired on August 27, 2018. He served as Chairman of the National Labor Relations Board from August 27, 2011-January 22, 2017.

Prior to his time with the NLRB, Chairman Pearce was a founding partner of the Buffalo, New York law firm of Creighton, Pearce, Johnsen & Giroux, where he practiced union and plaintiff side labor and employment law.

Since leaving the NLRB, Chairman Pearce is a visiting professor and the executive director of the Workers’ Rights Institute at Georgetown University Law Center. Prior to assuming his positions at Georgetown, he was a visiting senior scholar and Lecturer at Cornell University’s School of Industrial Labor Relations.

In addition to a distinguished legal career in both the private and public sector, as well as academia, Mark Gaston Pearce is also an accomplished artist and has served on the Board of Directors of Buffalo Arts Studio and the Advisory Council of the Burchfield Penny Art Center.

For further background, Chairman Pearce’s bio is here.

To view the art of Mark Gaston Pearce, go here.

Click here for Labor Union News

SynopsisIn this episode of Labor Relations Radio, Evan Armstrong, a spokesperson for the Coalition for Workforce Innovation, as well as Vice President of Workforce and a member of the Government Affairs team for the Retail Industry Leaders Association (or RILA) discusses the status of case involving a Trump-era rule regarding independent contractors, the NLRB general counsel’s efforts to enact card-check, ban captive audience meetings, as well as a host of other labor and employment policy issues affecting the workplace.

BackgroundLast week, the Department of Labor filed an appeal of a decision by a federal judge in the US District Court for the Eastern District of Texas which blocked the Biden administration from withdrawing a Trump-era rule that made it easier for businesses to classify workers as independent contractors.

According to Bloomberg Law, the judge “sided with Coalition for Workforce Innovation, a business group whose ranks include gig-economy companies such as Uber Technologies Inc. and Lyft Inc.”

The business group sued the DOL, Secretary Marty Walsh, and another agency official on behalf of its members, whose business models largely depend on their ability to classify their workforce as contractors rather than employees entitled to certain wages and benefits. Three groups representing builders, contractors, and financial services firms later joined the lawsuit.

Related links:

Bloomberg Law: DOL Appeals Decision Reviving Trump Independent Contractor Rule
Labor Activity In Retail Annual Report: Spring 2022
Coalition for Workforce Innovation
Retail Industry Leaders Association

For more labor union news, go here.

For years, the AFL-CIO has published its ‘Executive Paywatch,’ which (despite using a tiny fraction of the top-earning CEOs across America) has a clear purpose of painting nearly all CEOs with the same broad brush of “corporate greed.”

While it’s generally understood that the purpose of the AFL-CIO’s Executive Paywatch is to create a media buzz about executive compensation that can be used by the media to foster an “us vs. them” environment in the public mind, when the Wall Street Journal publishes an article entitled Pay Packages for CEOs Rise to Record Level, using a similar approach as the AFL-CIO, it requires a deeper dive into the actual data.

In this episode of Labor Relations Radio, we cover the salaries of sports figures, celebrities, and even social media figures, as compared to the 0.01 percent of CEOs cited by the AFL-CIO and Wall Street Journal.

Resources cited:

Top 50 NBA salaries for the 2021-22 season
Top 13 Highest Paid MLB Players of This Year
Here are the 20 highest-paid NFL players
The Highest-Paid Entertainers 2022
25 of the Highest-Paid Social Media Influencers
Yankee Stadium salaries: How much does Yankee Stadium pay?
Concession Stand Worker hourly salaries in the United States at The Madison Square Garden Company
The Highest Paid CEOs in the S&P 500: Top Pay Packages of 2021
Number of employer firms in the United States in 2017, by employment size
Occupational Employment and Wages, May 2021: Chief Executives

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Last week, the National Labor Relations Board issued a rather large complaint against Starbucks consisting of 33 charges of unfair labor practices that included 200+ alleged violations of the National Labor Relations Act.

While it is important to note that the NLRB’s complaint consists of allegations, not findings of “guilt,” they can be used as a tool for employers to learn from—especially those unfamiliar with the “Do’s and Don’ts” of union organizing campaigns.

In this episode of Labor Relations Radio, Jon Hyman, a shareholder and director at Wickens Herzer Panza, in Avon, Ohio, joins host Peter List to discuss the allegations in the NLRB’s complaint against Starbucks and breaks down the concepts of T.I.P.S.

NLRB Complaint Regarding Starbucks Buffalo
Follow Jon Hyman on LinkedIn
Subscribe to the Ohio Employer Law Blog.
Worst Employers 2022
Worst Employers 2021 Additional materials: Don't S.P.I.T. - General Management Rules of Engagement During Union Organizing Campaigns For Labor Union News, click here*.

Union “salts” or “moles” have been around for a long time.

While they are commonly known in the construction industry, with the uptick in union organizing activity across the country, union “salting”—or the planting of union “moles”—is becoming more commonplace in companies outside the construction industry—like Amazon’s warehouse in Staten Island.

In this episode of Labor Relations Radio, we cover the basics of union “salting” and how union “moles” undermine and unionize companies.

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Related links:

“Salting” the wounds of labor organizing
AEROTEK, INC., Petitioner v. NLRB, Respondent
Recognizing and Responding to Union Salting
IBEW Local #81 Salting Policy
Salon: I was a union mole at Kmart
Salon: How Amazon workers turned union-busting "captive audience" meetings against the corporate giant
Labor Notes: Organizers Worth Their Salt
Workplace Wire: Union “Salting” under attack in US Congress
The Atlantic: Life as an Undercover Union Organizer
Intelligencer: The Double Life of an Undercover Union Organizer
Bloomberg: Amazon Warehouse Workers Just Redefined What’s Possible for U.S. Labor

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Background: On June 27, 2018, the United States Supreme Court issued a decision that affects the rights of public-sector employees across the country. The decision, Janus v. AFSCME, Council 31, involved a public employee, Mark Janus, who declined to join a union but was nevertheless required under a union contract to pay union fees, sometimes referred to as “agency fees” or “fair share fees.” For years, these compulsory union fees were considered legal.

The Supreme Court’s decision in Janus was clear; compulsory union fees are now unconstitutional.

The Fairness Center is a law firm that provides free legal services to those hurt by public-sector union officials and are representing an individual, Glen Wilkofsky, in a Janus-related case that may have far farther-reaching ramifications.

In this episode of Labor Relations Radio, the Fairness Center’s Nathan J. McGrath, President and General Counsel at the Fairness Center, discusses the Allentown Symphony case, as well as several others.

As the Fairness Center’s President and General Counsel, Mr. McGrath oversees the firm’s general operations and litigation to advance the Fairness Center’s clients’ best interests. Mr. McGrath is also a Pennsylvania Advisory Committee Member with the United States Commission on Civil Rights. Prior to joining the Fairness Center, Nathan was a staff attorney with the National Right to Work Legal Defense Foundation, Inc., where he practiced constitutional, labor, and administrative law. Nathan was also an associate attorney with Lawlor & Lawlor, P.C., a general practice firm in Pittsburgh, Pennsylvania.

Related Links:

In a case that could be destined for the Supreme Court, Allentown Symphony musician says he shouldn’t have to pay union dues to perform
Featured Cases of the Fairness Center
Contact the Fairness Center
Donate to the Fairness Center

For past episodes of Labor Relations Radio, go here.

Attorney Jon Hyman is one of the most well-known and prolific employee and labor law writers on the internet.

As a shareholder and director at Wickens Herzer Panza, in Avon, Ohio, Jon is the Practice Group Leader of the firm's Employment & Labor Practice Group, and a member of the Firm's Litigation Department.

However, on the internet, and with a following of nearly 16,000 followers on LinkedIn, Jon’s posts reach thousands of human resources professionals throughout the nation as he often shares entertaining and thoughtful insights for HR practitioners.

Two of Jon’s recent posts (“Why I’m anti-union” and “‘Salting’ the wounds of labor organizing”) drew a lot of comments on LinkedIn.

In this episode of Labor Relations Radio, Jon discusses his two posts, as well as the NLRB General Council’s Cemex brief as it relates to card check, so-called “captive audience” meetings, and what the future holds.

Related Links:

Follow Jon Hyman on LinkedIn
Subscribe to the Ohio Employer Law Blog.
Worst Employers 2022
Worst Employers 2021

Yesterday, subscribers to LaborUnionNews.com’s Substack received the email covering the NLRB General Counsel’s Brief To Ban "Captive Audience" Meetings, Install Back-Door Card Check.

In this short episode of Labor Relations Radio, for subscribers who did not read the entire post, we cover the three main takeaways of the GC’s 93-page brief in Cemex Construction Materials Pacific.

De-facto card check is likely coming
Mandatory employer meetings will likely be outlawed
The NLRB wants it to be illegal to tell workers that, if unionized, their direct relationship with the employer will change.

Related Links:

NLRB General Counsel Files Brief To Ban "Captive Audience" Meetings, Install Back-Door Card Check
NLRB General Counsel Elaborates On Her Rationale For Imposing De-Facto Card Check
NLRB GENERAL COUNSEL’S 93-PAGE BRIEF IN CEMEX
NLRB’s Basic Guide to the National Labor Relations Act

With so much in the headlines, in this episode of Labor Relations Radio, we cover some of the major news stories over the last five days—from the Teamsters ending the concrete strike in Seattle to Amazon and its election objections, as well as include the NLRB General Counsel’s memorandum seeking to ban so-called “captive audience” meetings and why not to panic—yet.

Related Data:

Bloomberg: Union Elections in 2020—Who Won and Lost at the NLRB
NLRB—Number of Elections Held Per FY

Related Links:

NLRB General Counsel Moves To Ban 'Captive Audience Meetings'
Teamsters say they will end Seattle-area concrete strike, but still no deal with employers
King County, Wash., looks to produce own concrete as strike enters fourth month
Mr. Smalls Goes To Washington: ALU President Meets With Pols and Presidents of the Flight Attendants and Teamsters
CNN: Should people feel guilty for buying from Amazon? Union leader weighs in
The Teamsters Announce Coordinated Nationwide Project to Unionize Amazon
Amazon Objects To Union Threatening Employees If They Voted Against ALU And Bribing Employees With Pot
Amazon Labor Union Constitution [in PDF]
Proskauer: NLRB GC Seeks Dramatic Change to Employer’s Right to Speak to Employees About Unionization at Work
Littler: NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

The so-called “gig economy” encompasses hundreds (perhaps thousands) of professions and 59 million Americans and is growing.

However, because independent contractors (aka “freelancers” or “gig workers”) are not “employees” under National Labor Relations Act and cannot be unionized, unions and their political allies are trying to kill the gig economy at the state-by-state level, as well as at the federal level through the “PRO Act” by enacting a draconian measure called the ‘ABC Test.’

Since first covering this issue on Labor Relations Radio back in February, there has been a lot of things happening across the country in the fight to save the gig economy and freelancers’ and gig workers’ ability to work.

In this episode of Labor Relations Radio, Kim Kavin, one of the leaders of the grassroots group Fight for Freelancers USA, returns to the podcast and shares updates, as well as clarifies some of the issues around the fight to save the gig economy.

Related Links:

Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABC
Follow Kim Kavin on Twitter
Fight For Freelancers USA
Fight For Freelancers Files Amicus Brief with National Labor Relations Board
Freelancers Against AB5—AB5 Personal Stories
California Supreme Court Dramatically Reshapes California Worker Classification Laws

The ABC Test

Under the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:

(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and
(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

The echo chamber media is telling part of the story, but not the whole story...With last week’s union victories at Amazon’s warehouse in Staten Island, as well as union victories at Starbucks, there is a media narrative that is not telling the whole story.

In both campaigns, the Democratic Socialists of America, as well as Communist Party USA have had a rather large role to play in helping to unionize the workers at Amazon and, as well, Starbucks.

However, despite it being publicly available for anyone to search out, it is not being talked in the media—even though it could be a more interesting story.

NYT: Amazon Workers on Staten Island Vote to Unionize in Landmark Win for Labor
Bloomberg Businessweek: Amazon Warehouse Workers Just Redefined What’s Possible for U.S. Labor
Amazon Labor Union is “Supported By Established Unions With Decades of Collective Bargaining Experience.”
People’s World: Amazon Labor Union builds community coalition to organize retail giant in Staten Island
Starbucks Workers Voted To Unionize In New York City Flagship Store, So Did Amazon—Is This The Resurgence Of Unions?
Socialists and Organized Labor Are Uniting to Change Pro-Boss Labor Laws
Gen Z prefers "socialism" to "capitalism"
Communist Party USA Chair: “…we are part of building labor’s independent structures.”
10 Ways DSA Members Can Support Starbucks Worker-Organizers
Democratic Socialists of America: What is the DSLC?

The franchise business model has become a key way for many Americans and immigrants to achieve the “American Dream.”

However, it is under attack on multiple fronts.

Just as tens of thousands of franchisors and franchisees and their millions of employees are beginning to recover from the pandemic, politicians, government bureaucrats and judicial activists are wittingly (or unwittingly) trying to destroy the very business model that has delivered the American Dream to so many.

In this episode of Labor Relations Radio, Michael Layman, Senior Vice President Government Relations & Public Affairs of the International Franchise Association explains some of the threats the industry is now facing—largely from politicians, judicial activists and, possibly, President Biden’s appointees like David Weil.

Whether it’s the Joint Employer issue, or the Independent Contractor issue—either independently or as contained in the PRO Act—if enacted, these ‘close cousins’ could be devastating to the franchise business model and the millions of workers employed by franchises.

Related Links:

Franchising is open for opportunity
National Economic Impact Of Franchising
In 7-Eleven case, Mass. top court says franchisees can be employees
Minority Business Ownership Soars, But It's The Wrong Kind Of Equality
Top 200 Franchises of 2022

PROGRAM NOTE:

This episode of Labor Relations Radio was recorded hours before the U.S. Senate was to vote on the advancement of David Weil's nomination to be Administrator of the Labor Department's Wage and Hour Division.

His nomination was blocked Wednesday evening.

Bi-Partisan Group of Senators Block Advancement of Divisive David Weil to DOL's Wage and Hour

When it comes to America’s workplace policy, there are very few who meet Michael J. Lotito’s knowledge, stature and influence.

A nationally-known labor attorney for the firm Littler Mendelson, Mr. Lotito is co-chair of the firm’s Workplace Policy Institute (WPI).

Mr. Lotito has testified before the U.S. House of Representatives and the U.S. Senate, as well as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).

In his WPI role, he advocates on behalf of the employer community on a variety of issues, regularly files amicus briefs on vital workplace policy concerns and has led the management community in opposition to the federal persuader rule, which would destroy confidentiality between lawyers and their clients.

Additionally, Mr. Lotito is a co-founder of the Emma Coalition, which is named after his granddaughter and is dedicated to “educating the employer community and policymakers about the issues surrounding TIDE™️ and maximizing the economic and social benefits of TIDE™️ for America’s companies and workers while minimizing its disruptive costs for workers and companies.”

In this episode of Labor Relations Radio, Mr. Lotito and host Peter List cover a wide variety of current labor relations issues affecting the workplace and, in particular, the various legal issues around the topic of independent contractors and the gig economy.

Related links:

The Future Is Now: Workforce Opportunities And The Coming TIDE
WSJ: Congressional Democrats Want to Weaponize Federal Labor Law
More articles by Michael J. Lotito

Unions are trying to pass ordinances in cities and towns nationwide to exclude non-union employers and their employees from doing public works.

They’re called Responsible Contractor Ordinances (RCOs) and, while this is happening across the country, eastern Pennsylvania is one of the current battle grounds.

“The controversial part of the ordinance requires contractors to have an apprenticeship program in place for employees for at least five years,” notes Allentown’s Morning Call.

“Contractors bidding on projects over that $200,000 threshold will have to offer apprenticeship programs conforming to U.S. Department of Labor standards,” the Morning Call explains. “The class A apprentices must be fully employed by a company and given on-the-job classroom and lab training, as well as mentorships.”

Joe Perpiglia is the President and CEO of the Associated Builders and Contractors’ (ABC) Eastern Pennsylvania chapter—a construction association that provides its members networking, education, political advocacy, and service opportunities.

In this episode of Labor Relations Radio, host Peter List and Mr. Perpiglia discuss a number of issues affecting the construction industry in an around the Philadelphia market, including union sabotage, corruption, as well as the union efforts to eliminate non-union competition.

Subscribe now

Related Links:

Associated Builders and Contractors’ (ABC) Eastern Pennsylvania chapter
Racketeering And Arson Charges Filed Against Members Of Ironworkers Union
Definition of Responsible Contractor Ordinance (RCO) via IUOE Local 542 [in PDF]

Subscribe and listen to Labor Relations Radio on these podcast platforms:

Amazon Music
Apple Podcasts
Buzzsprout
Google Podcasts
Spotify
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For employers under the jurisdiction of the National Labor Relations Act, the legal landscape is changing quickly.

At the American Bar Association’s mid-winter meeting, the National Labor Relations Board’s (NLRB) General Counsel’s ‘extreme agenda’ was on full display.

In this episode of Labor Relations Radio, Bob Nagle, an employer-side labor and employment attorney with the law firm Fox Rothschild discusses issues that the NLRB’s General Counsel and her staff discussed at the ABA’s meeting—from the expansion of protected concerted activity to back-door card check, and a host of other critical issues that employers need to be aware of.

Related Links:

Robert C. Nagle (bio and contact information)
NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

Times are changing and employers need to be aware on how it can affect their brands.Employers today face a large number of hurdles, from supply chain issues to employee recruitment and wage inflation issues.

Not the least of those issues are internal and external attacks on their brands or corporate officers.

With more than 30 years in the industry, Nick Kalm is the CEO of Reputation Partners, an integrated communications firm that provides a full range of PR, marketing and strategic services entirely in-house. Over the years, they’ve helped over 600 clients with their PR and strategic needs.

Their services include Public Relations, Marketing, Digital and Social Media, Web Design and Development, Crisis Communications, Financial Communications, Employee and Labor Relations, as well as Sustainability Communications.

On Monday, Nick was able to join Labor Relations Radio host Peter List to discuss an array of issue that companies are facing today, as well as his perspectives on how to handle some of those issues.

Related Links:

Forbes: How Companies And CEOs Can Prepare For And Respond To Rumors And Other Attacks
PR Pros: Nick Kalm of Reputation Partners On The 5 Things You Need To Create A Highly Successful Career As A Public Relations Pro
GCFGlobal: What is an echo chamber?
Why There’s More Labor Media Coverage
Greenhouse: From Covid-19 to #MeToo, The Labor Beat Is Resurgent

Among the hundreds of resources found on LaborUnionNews.com’s resources page is the Americans for Fair Treatment (AFFT).

The Americans for Fair Treatment is a non-profit that helps public-sector employees (e.g., fire fighters, police officers, teachers, as well as other public-sector employees) exercise their First Amendment rights.

“Americans for Fair Treatment (AFFT) believes all public sector employees should have the freedom to choose to join a union or to abstain from joining a government union, an employee association, or other group.” the group states. “In support of this vision, AFFT works to educate public sector employees about their constitutional rights around union membership.”

On this episode of Labor Relations Radio, AFFT’s CEO David Osborne discusses AFFT’s mission, as well as examples on how the Americans for Fair Treatment helps public-sector employees.

Additional AFFT Resources:

AFFT’s Latest News
AFFT’s Resources & Data
AFSCME: Where do your union dues go?
AFT: Where Do Your Union Dues Go?
SEIU: Where do your dues go?

Award-winning journalist Steven Greenhouse was a reporter for the New York Times from 1983 to 2014—19 of those years covering labor and the workplace.

Mr. Greenhouse has been honored with the Society of Professional Journalists Deadline Club award, a New York Press Club award, a Gerald Loeb Award for Distinguished Business and Financial Reporting, and the Hillman Prize for Book Journalism for his book The Big Squeeze: Tough Times for the American Worker.

His latest book Beaten Down, Worked Up: The Past, Present and Future of American Labor is a wonderful read for any labor relations practitioner, or someone entering the field of labor relations—either on the employer side or the union side.

In this episode of Labor Relations Radio, Mr. Greenhouse shares his perspective on a number of issues affecting unions in the past and present.

You can follow Steven Greenhouse on Twitter at: @greenhousenyt

This episode of Labor Relations Radio is actually from the DriveThruHR podcast, the second leading HR Podcast You Need To Follow In 2022.

On Thursday, DriveThruHR host Michael VanDervort and Labor Relations Radio host Peter List discussed “the current leadership and direction of the NLRB, the potentially game-changing agenda of NLRB General Counsel Jennifer Abruzzo, and the union organizing campaigns at Amazon and Starbucks, among other topics.”

Over the years, Michael and his cohosts have recorded nearly 1,600 episodes of DriveThruHR, which can be listened to here.

“As goes California, so goes the rest of the nation.”—unknown

WARNING: This episode of Labor Relations Radio discusses California politics—and the exodus of businesses and people—from a rather blunt perspective. If blunt political discussions cause you, as a listener, to drive erratically, raises your blood pressure, or otherwise impair your performance, please do not listen to this podcast without sitting down, perhaps with a glass of wine.

Businesses and People Are Fleeing California. Why?

The “exodus” of businesses and people out of California has made headlines over the last few years.

In 2020, California experienced a population decline for the first time in over one hundred years.

But why?
The California Policy Center (CPC), an educational non-profit working for the prosperity of all Californians by eliminating public-sector barriers to freedom, has created a database called the California Book of Exoduses, which documents the ‘exodus’ of individuals and businesses leaving the state.

In this wide-ranging conversation with Lance Christensen, CPC’s Vice President of Government Affairs, Labor Relations Radio host Peter List discusses the many issues affecting the once-Golden State of California, the historical causal factors, as well as the current climate—from union control of the politics inside Sacramento to wildfires and real estate prices.

One example of the Top Reasons Why People Are Moving Out of Californiaare the high taxes. For example, the marginal income tax rate is currently at 13.3% but legislators want to increase it to almost 17%.

CPC Projects:

California Local Elected Officials (CLEO):CLEO is a membership organization that networks, educates, supports and advises local elected officials throughout California’s thousands of cities, counties, school and special districts
The Parent Union: The Parent Union engages, organizes and trains parents, students and community members to defend the constitutional right to a high-quality public education for all students.
The Janus Project: The Janus Project informs public-sector employees of their right—under the U.S. Supreme Court’s 2018 Janus v. AFSCME decision—to refrain from having pay any part of his or her paycheck withheld by any union as a condition of employment.
National Review’s Radio Free California Podcast

For more links, go here.

From the PRO Act's 'ABC Test' to Joint Employer and Build Back Better, National Federation of Independent Business' Jeff Brabant shares the small business perspective.Small businesses fuel America’s economy and are under assault.

In 2020, before pandemic lockdowns, there were 31.7 million small businesses across the United States—from the single, self-employed entrepreneur to small businesses with less than 100 employees, according to the Small Business Administration.

Combined, they have 60.6 million employees—or 47% of the private-sector workforce.
5.2 million of those small businesses are either minority owned, or self-employed minorities.
A lot of the major companies we see today started out as small business—from Amazon to Apple to Nike, Walmart and WholeFood.

The National Federation of Independent Business is the nation’s leading voice for America’s small businesses.

In this episode of Labor Relations Radio, Jeff Brabant, NFIB’s Senior Manager of Government Relations shares the small business perspective on a host of issues, including Build Back Better, the ‘ABC Test’ affecting Independent Contractors, the PRO Act, as well as Joint Employer issues.

Related links:

National Federation of Independent Business
NFIB Files Amicus Brief on NLRB Effort to Change Independent Contractor Rules
New NFIB Survey: Inflation Continues Impact on Small Businesses
The Three Biggest Issues with the PRO Act

With union membership down to 10.3 percent of the American workforce—or 14 million workers—and 59 million workers who are independent contractors (aka ‘freelancers’ or ‘gig workers’) who are not unionized, unions and their allies in state and federal government are attacking the “gig economy.”

What began in California as a law called ‘AB5’ to push a concept called the ABC Test—which has had catastrophic consequences on tens of thousands of people—has expanded nationally into the currently-stalled PRO-Act and, now, the National Labor Relations Board is looking to implement the ABC Test to define what constitutes an independent contractor vs. an “employee” for the purpose of unionization.

On this episode of Labor Relations Radio, host Peter List discussed the ramifications of the ABC Test with two individuals on the front lines in the battle to try to stop it.

Kim Kavin and Lisa Rothstein are both freelancers—one in New Jersey, the other in California—who, along with others, have been leading a grassroots effort to raise awareness to the ABC Test.

Kim is one of the leaders of FightForFreelancers USA, and Lisa has been involved with Freelancers Against AB5 since the beginning.

Links

The ABC Test

Under the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Fight For Freelancers USA
Fight For Freelancers Files Amicus Brief with National Labor Relations Board
Freelancers Against AB5—AB5 Personal Stories
California Supreme Court Dramatically Reshapes California Worker Classification Laws
California Supreme Court Rules Dynamex ABC Test is Retroactive
NLRB Invites Briefs Regarding Independent Contractor Standard
Bureau of Labor Statistics — Union Membership Summary

With so much coming out of Washington these days—from the stalled PRO Act to President Biden’s Executive Order on Project Labor Agreements and the America COMPETES Act (which recently passed the U.S. House of Representatives), it is difficult to keep up with it all.

On this episode of Labor Relations Radio, F. Vincent Vernuccio of the Institute for American Workers joins Labor Relations Radio host and LaborUnionNews.com editor Peter List for a wide-ranging discussion on union related issues from a pro-free market perspective.

After listening to this episode of Labor Relations Radio, be sure to check out the Institute for American Workers and their various projects and policy briefings:

Institute for American Workers’ Reports
Institute for American Workers’ Labor News Today
The America COMPETES Act
REPORT: PRO Act Would Reduce Workers’ Incomes and Job Opportunities
Sectoral Bargaining: One-Size-Fits-All Collective Bargaining for Entire Industries

A wide-ranging discussion with Ben Brubeck of the Associated Builders & Contractors (ABC), the nation’s largest trade association for merit-shop construction contractors and their employees.The Associated Builders and Contractors (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, joins host Labor Relations Radio host Peter List to discuss President Biden's Executive Order mandating so-called Project Labor Agreements (PLAs) on federal construction projects of $35 million or more, as well as a host of other issues.

Biden Signs Executive Order Barring Non-Union Construction Workers From Federal Construction Projects Over $35 Million