Author Archives: afscme

Finding Workers Where They Are: A New Business Model to Rebuild the Labor Movement

Source: Mark Zuckerman, The Century Foundation, February 7, 2019

From the summary:
WHAT YOU SHOULD KNOW
– While corporations and political campaigns have been able to leverage direct marketing and other digital tools to advance their interests, the labor movement seems to be struggling to do the same.
– Labor’s traditional “retail” model of organizing, in which professional organizers physically go into one workplace at a time, is not cost-effective for reaching many workers who do want to unionize—in particular those in smaller and/or geographically isolated workplaces
– Collective bargaining units of twenty-four or fewer employees, for example, are 11.6 percent more likely to win a union election than larger groups, and these employees consistently demonstrated more cohesion in their vote in support of the union.
– A digital organizing strategy that includes an online organizing platform that directly empowers workers to self-initiate organizing drives and file National Labor Relations Board paperwork can help organized labor significantly increase its membership.

Future Work

Source: Jeffrey M. Hirsch – University of North Carolina School of Law, February 14, 2019

From the abstract:
The Industrial Revolution. The Digital Age. These revolutions radically altered the workplace and society. We may be on the cusp of a new era—one that will rival or even surpass these historic disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article explains the basics of these technologies, describes their current applications in the workplace, and predicts how they are likely to develop in the future. It then examines the legal and policy issues implicated by the adoption of technology in the workplace—most notably job losses, employee classification, privacy intrusions, discrimination, safety and health, and impacts on disabled workers. These changes will surely strain a workplace regulatory system that is ill-equipped to handle them. What is unclear is whether the strain will be so great that the system breaks, resulting in a new paradigm of work.

Whether or not we are on the brink of a workplace revolution or a more modest evolution, emerging technology will exacerbate the inadequacies of our current workplace laws. This Article discusses possible legislative and judicial reforms designed to ameliorate these problems and stave off the possibility of a collapse that would leave a critical mass of workers without any meaningful protection, power, or voice. The most far-reaching of these options is a proposed “Law of Work” that would address the wide-ranging and interrelated issues posed by these new technologies via a centralized regulatory scheme. This proposal, as well as other more narrowly focused reforms, highlight the major impacts of technology on our workplace laws, underscore both the current and future shortcomings of those laws, and serve as a foundation for further research and discussion on the future of work.

Hybrid Federalism and the Right to Disconnect

Source: Paul M. Secunda, Pepperdine Law Review, Vol. 46, No. 2, 2019

From the abstract:
The Occupational Safety and Health Administration (OSHA) administers the Occupational Safety and Health Act (OSH Act). OSHA specific workplace and health standards do expressly preempt the entire field of workplace safety and health law, but where such standards do not exist or states developed their own OSHA plans, nor does it merely set a floor either. A type of “hybrid federalism” has been established. Here, by “modified” or “hybrid” federalism, this article refers to a strong federal-based field preemption approach to labor and employment law issues, but tied to a conflict preemption approach. Applying this hybrid preemption approach to the employee right to disconnect problem provides the best opportunity to address the growing epidemic of overwork through electronic communications in the United States.

This hybrid approach has two essential characteristics under OSHA. First, as a default standard, a federal general duty clause that requires all covered employers to maintain a workplace free of hazards that may cause serious injury or death and cannot be feasibly abated. Second, OSHA also has promulgated specific workplace safety and health standard over the last five decades that set more detailed and specific requirements for numerous health or safety dangers in the workplace. The specific standards occupy the field and all contrary state or local safety and health regulations are preempted. Yet, employers can still seek a permanent variance from any OSHA standard if they can establish that they have another method to achieve the same goal as the permanent standard. Second, the OSHAct also permits states to develop their own plans and submit them for approval to OSHA. Twenty-seven states have taken advantage of this option to one degree or another and have plans approved by OSHA. While these state-approved plans must be “at least as effective” as the federal OSHAct, some states, like California and Virginia, have been more aggressive in regulation and have regulated areas that the federal OSHAct has not. This Article maintains that a combination of general duty clause federal enforcement and individual state enforcement is the most effective way of providing a broad-based right to disconnect standard until a federal permanent standard can be promulgated.

#MeToo whistleblowing is upending century-old legal precedent demanding loyalty to the boss

Source: Elizabeth C. Tippett, The Conversation, March 5, 2019

…. While researching a book on the duty of loyalty, I realized that the #MeToo movement isn’t merely a rift in the ordinary order of workplace relationships in the United States. It is part a larger legal and cultural shift that has been in the works for decades.

The duty of loyalty is the idea that you “cannot bite the hand that feeds you and insist on staying for future banquets,” as an American labor arbitrator wrote in 1972.

It’s a bedrock principle that courts apply to employment disputes, even if you didn’t sign a contract promising to keep an employer’s secrets.

The duty of loyalty is why employers can demand that you sign a confidentiality agreement at the start of employment. It’s why workers can’t download their employer’s trade secrets on a thumb drive and use it in their new job. And why companies are able to persuade judges to enforce noncompete agreements. ….

America’s schools are crumbling – what will it take to fix them?

Source: Michael Addonizio, The Conversation, March 5, 2019

….Indeed, miserable conditions like these are not only hard on the children. They seriously impair school districts’ ability to retain their most valuable asset – their teachers. Teachers leave their jobs for a variety of reasons, but facility quality is a key factor.

Addressing the infrastructure needs of America’s public schools will be costly. However, continuing to ignore them would be even more costly. The educational impact of substandard facilities on students cannot be overstated…..

….Funding for public education, including school facilities, is primarily a state and local matter. But while most states have tried to help poor local districts with basic operating expenses – such as paying teachers and buying supplies and materials – state support for school infrastructure has been much less reliable.

Local districts vary widely – usually along lines of race – in their ability to build or renovate schools. Property-poor districts, including most big city districts, are left behind……

Through the Working Class – Five union members from across the Rust Belt reflect on eroding faith in the media

Source: Steven Greenhouse, Columbia Journalism Review, Winter 2019

…. The media covers blue-collar America less closely than it did several decades ago. Christopher R. Martin, author of No Longer Newsworthy: How the Mainstream Media Abandoned the Working Class, which will be published in May, tells me that as more outlets became publicly owned and traded on the stock exchange, they began pursuing a different audience to help boost profits. “Many moved from a mass audience to more of an upscale audience,” Martin says. “Many newspapers have cut back on, or entirely eliminated, the labor beat—the one beat that talked about the life of the working class.” 

At many news organizations, editors are assigning more “upscale minded” stories about skiing vacations in Aspen and whether to invest in Apple and fewer pieces about factory closings in Akron and layoffs in Cincinnati. A result of this approach: the one-hour walkout by 20,000 Google workers received tremendous coverage in the national media, while a steelmaker’s lockout of 2,200 blue-collar workers, for seven painful months, garnered hardly any attention at all. ….

Why wealth equality remains out of reach for black Americans

Source: Darrick Hamilton, Trevon Logan, The Conversation, February 28, 2019

Black History Month has become the time to reflect on all the progress black Americans have made, but the sobering reality is that when it comes to wealth – the paramount indicator of economic security – there has been virtually no progress in the last 50 years.

Based on data from the Federal Reserve’s Survey of Consumer Finance, the typical black family has only 10 cents for every dollar held by the typical white family.

While there is no magic bullet for racism, access to wealth, and the security to pass it down from one generation to the next, would go a long way toward changing the economic trajectory for blacks.

As researchers who study historical and contemporary racial inequality, we mostly conceive of wealth as a maker of success, but its true value is functional: the independence and economic security that it provides…..

Arizona Sports & Tourism Authority: AzSTA maintains key source of bondholder repayment with back-to-back wins in tax litigation

Source: Patrick Liberatore, Eva Bogaty, Leonard Jones, Moody’s, Issuer Comment, February 27, 2019
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On February 25, the Arizona Supreme Court affirmed a state appellate court’s 2018 order upholding the validity of a car rental tax levied by the Arizona Sports & Tourism Authority (AzSTA, A1 stable), a credit positive for the authority. The tax in Maricopa County (Aaa stable) comprised about 25% of AzSTA’s $54.9 million annual revenue pledged to bondholders as of the fiscal year ended June 30, 2018. The state Supreme Court also upheld the nullification a 2015 order by a lower court that the Arizona Department of Revenue (ADoR) must refund over $150 million of tax collections to car rental companies.