What the NLRB Announcement on McDonald’s Means

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In case you missed it, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin made a pretty significant announcement about McDonald’s and its role as an employer to workers in franchise locations all over the country.

Historically McDonald’s has claimed it has no authority over wages or complaints of workers’ rights violations at its franchise locations because that is up to the individual owners, but the NLRB general counsel determined McDonald’s could be liable as a joint employer in these kinds of situations.

There’s been a lot of head scratching over what this announcement means and its implications for other large companies and workers at these kind of fast food franchises, so here is some basic information to break it all down for you.

How Did This All Come About?

You’ve probably noticed that fast food workers all over the country are fed up. In recent years these workers have been speaking out against low pay and working conditions in the fast food industry, culminating in several strikes and days of action that have captured the hearts and minds of people who care about workers’ rights. Some workers who spoke out said that their employers retaliated against them, even though such concerted activity is protected by federal labor law. Those workers filed charges of unfair labor practices with the NLRB and presented evidence that McDonald’s does indeed have significant control over wages and labor relations at its franchisees. Which brings us to the NLRB McDonald’s news.

What Did the NLRB Say?

General Counsel Griffin investigated charges alleging McDonald’s franchisees and their franchisor, McDonald’s, violated the rights of workers as a result of activities surrounding the fast food strikes and protests. He found some of these charges to have merit and, significantly, determined that McDonald’s should be considered a joint employer with its franchisees. Basically, McDonald’s wouldn’t be able to hide behind the franchisee, but also may be held responsible for the policies in place that deal with terms and conditions of employment, and labor practices.

What Happens Next?

If the workers and the employers cannot come to a settlement, the NLRB general counsel will issue complaints and try the cases before administrative law judges. Those judges then make rulings and the losing parties can appeal to the full NLRB board in Washington, D.C. NLRB decisions could be appealed to a federal appeals court, and then possibly to the Supreme Court.

Will All Franchisors Be Considered Joint Employers Now?

Not necessarily. This case is specific to McDonald’s. That being said, this could have implications for other employers on a case-by-case basis if more unfair labor practice charges come up.

What’s the Big Picture?

Even though this story has a long way to go, this is “pretty significant,” says AFL-CIO Legal Counsel Sarah Fox. What makes this case so interesting is that the joint employer doctrine can be applied not only to fast food franchises and franchise arrangements in other industries, but also to other practices companies use to avoid directly employing their workers, such as subcontracting, outsourcing and using temporary employment agencies. “Companies are increasingly using these kinds of arrangement to distance themselves from their workers and shield themselves from liability as employers,” says Fox. “These are the devices they use so that they can get the benefit of the work the employees do, but say ‘I’m not responsible’ for unfair labor practices, health and safety violations, paying proper employment taxes or complying with other legal responsibilities of an employer.”

The notion of the joint employer doctrine is an important concept for holding employers responsible, even if there’s a third party involved, when they are effectively exerting control over wages and working conditions.

Reposted from AFL-CIO NOW.

Photo courtesy of Mike Mozart via Flickr.

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Ga. Governor Agrees His State Is Great for Business Because Workers Are Cheap

Here’s your rage-inducing video clip of the day. Georgia Gov. Nathan Deal agrees in a CNBC interview his state is a real “deal” for businesses because workers are paid so little. Oh yeah, he directly ties this with being a “right to work” state.

Here’s a handy graphic from our friends at Working America that explains all you need to know about right to work states and the raw deal workers get there:

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Reposted from AFL-CIO NOW

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6 Ways to Reconnect Hard Work with Decent Pay

Photo by Annette Bernhardt/Wikimedia Commons

It’s pretty frustrating seeing all the headlines that claim the economy is alive and kicking. Sure, there is economic growth and a steady increase in jobs, but what kind of jobs are we talking about exactly?

Well, they aren’t the kind of jobs we think of first when it comes to steady, middle-class jobs. No big surprise here, low-wage service sector jobs like those in the fast-food industry are seeing the biggest gains.

Bryce Covert at The New Republic has a nice summary of what America’s workers are up against when it comes to wages.

Covert emphasizes the need for “ways to reconnect hard work and decent pay” that “hand employees more power so they can ask for more.” What does she have in mind?

  • Making it easier for workers to unionize and demand better pay;
  • Aiming for full employment, so all people who want a job can have one for as many hours as they need;
  • Urging the Federal Reserve to be more concerned about unemployment than inflation;
  • Following the German model of putting workers on corporate boards, so firms are not used as piggy banks to pump money out to shareholders;
  • Providing a path to citizenship for undocumented workers; and
  • Raising the minimum wage.

Covert discusses more than just minimum wage workers and the fast-food industry, she points out other issues, including wage theft, the uphill battle for workers trying to form unions, NFL cheerleaders getting paid what sometimes amounts to $2 an hour, unscrupulous employers exploiting immigrant workers and more.

Make sure you read the rest of Covert’s article on decent wages: The NFL Cheerleaders Should Be Your Fair-Pay Heroes.

Reposted from AFL-CIO NOW

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When Workers Come Together, We Win: Working Families Victory Roundup

Letter Carrier Michael Shea from Georgia. Photos via Letter Carriers, NALC.

Working people scored major victories over the past several months, organizing new workplaces and winning fights to raise wages.

Here are some highlights of recent working families victories:

ORGANIZING VICTORIES

Texas Machinists Win Back-to-Back Organizing Drives: Union growth continues in Texas as members from the Machinists (IAM) successfully organized their second consecutive workplace in Texas this month, adding nearly 1,000 new members.

Point Park University Faculty Organize Hundreds to Gain Benefits: More than 300 part-time faculty members at Point Park University in Pittsburgh are on the road to a union voice after voting to certify with Adjunct Faculty Association-United Steelworkers (AFA-USW).

Missouri EMS Workers Win Organizing Fight: An overwhelming majority of Emergency Medical Service (EMS) professionals in Independence, Missouri, voted to join EMS Workers United-AFSCME, strengthening the local union and providing essential protections for Missouri workers.

RAISING WAGES VICTORIES

Massachusetts Workers Help Push Minimum Wage Hike: Working people in Massachusetts scored a big win as Gov. Deval Patrick signed legislation that will increase the state’s minimum wage to $11 an hour by 2017.

Newark, N.J., Paid Sick-Leave Ordinance Goes Into Effect: A new paid sick-leave law in Newark, N.J., will allow full and part-time employees to earn up to 40 hours of paid sick-leave per year. Similar paid sick-leave laws have passed in cities such as San Francisco, Seattle and Washington, DC.

Momentum Builds for Minimum Wage Hike in Nebraska: Workers in Nebraska put a measure on the 2014 ballot to raise the minimum wage to $9 and hour by 2016.

California Workers Benefit from Minimum Wage Increase: An increase in California’s minimum wage to $9 an hour has taken effect, with the wage set to increase again in 2016 to $10 an hour. Meanwhile, efforts continue in Los Angeles to increase the minimum wage in the city to $15 an hour.

COMMUNITY VICTORIES

Philadelphia Building Trades Go to Work with New Housing Deal: A deal between Philadelphia building-trades unions and the Philadelphia Housing Authority will put people to work in union jobs while creating new affordable housing for Pennsylvanians.

Letter Carriers Complete Successful Food Drive: Members of the Letter Carriers (NALC) completed their annual food drive, collecting more than 72 million pounds of food for families in need.

Union Volunteers Help Aspiring Americans Earn Citizenship: On June 28, at the AFL-CIO headquarters in Washington, D.C., volunteers helped nearly 100 people through the U.S. citizenship process, enabling them to file paperwork with the help of legal and immigration experts.

Reposted from AFL-CIO NOW

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Union, Yes: Machinists Win Back-to-Back Organizing Drives in Texas

Exciting things are happening in Texas. The Machinists (IAM) today announced a second important organizing victory, this time for 475 office and clerical personnel employed by L3 at the Corpus Christi Army Depot (CCAD) in Corpus Christi. This follows an April organizing win for 450 helicopter mechanics and technicians at the same facility.

The workers will join IAM Local 2916, which already has more than 500 members under six contracts at the adjoining Naval Air Station Corpus Christi, as well as the new members from April’s election.

“Our organizers were able to overcome the anti-union bias that is promoted in some southern states by providing concrete examples of what IAM contracts have already been secured for similar workers throughout the South,” said IAM Southern Territory Vice President Mark Blondin. “The IAM also has a history in the South that goes back 126 years, with well-established bargaining relationships in shipbuilding, defense and aerospace.”

Blondin credited the union’s months-long education campaign that preceded the vote for ensuring workers at L3 knew their legal rights and understood the benefits of working under a collective bargaining agreement.

“The office workers mirrored the mechanics in needing better wages and benefits,” said IAM Southern Territory Grand Lodge Representative Ramon Garcia, who helped coordinate the organizing effort with assistance from District Lodge 776 and district organizers Chub McCrory and Sylvia Zavala.

“This was a big team effort, with staff and volunteers involved from across our territory. It’s exciting to see workers’ views change about the need for a union,” said Blondin. “Across the South, we’re hearing from workers about the need for the voice on the job and better wages. We expect these latest wins to lead to increased organizing opportunities for the IAM.”

Reposted from AFL-CIO NOW

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Union-Made Father’s Day Shopping Ideas

Photo by Geoff Livingston/Flickr

Celebrate your dad in solidarity style this Father’s Day by getting him a gift that sports the union label. Check out some union-made Father’s Day gift ideas from our friends over at Labor 411, the union business directory from the Los Angeles County Federation of Labor.

Don’t forget to text MADE to 235246 for more union-made-in-America product lists. 

  • Hugo Boss (UNITE HERE)
  • Jim Beam (United Food and Commercial Workers [UFCW])
  • Joseph Abboud clothing (UNITE HERE)
  • Klein Tools (Boilermakers [IBB])
  • Knob Creek whiskey (UFCW)
  • Louisville Slugger (UAW)
  • Naturalizer shoes (UFCW)
  • Old Spice (UFCW)
  • Pierre Cardin cologne (UFCW)
  • Red Wing Shoes (UFCW)
  • Spalding basketball (Machinists [IAM])
  • Stella Artois beer (IAM)
  • Timex watches (IAM)
  • The Union Boot Pro (UFCW)

If you’re thinking of splurging, spring for some game-day tickets so you can watch your favorite baseball players, who are members of the Major League Baseball Players Association, and make sure dear old dad gets a heaping cup of Budweiser beer, made by the Teamsters and IAM.

See more union-made-in-America guides and text MADE to 235246 for more product lists:

Reposted from AFL-CIO NOW

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Make It a Union-Made Memorial Day Barbecue

Make It a Union-Made Memorial Day Barbecue

Memorial Day is the unofficial kickoff to the summer holiday season. While the day honors those who have given their lives defending the nation—and Jimmy  Gilbert, director of the AFL-CIO’s Union Veterans Council, will write more on that next Monday—the weekend also marks the start of grilling season. Here’s some union-made food and drink to get your barbecue off to a great start.

Text MADE to 235246 for more union-made-in-America product lists. 

Our list comes courtesy of Union Plus, the Bakery, Confectionery, Tobacco Workers and Grain Millers (BCTGM), the United Food and Commercial Workers (UFCW) and the Los Angeles County Federation of Labor’s website Labor 411.

Hot Dogs, Sausages, Other Grill Meats

  • Ball Park
  • Boar’s Head
  • Calumet
  • Dearborn Sausage Co.
  • Fischer Meats
  • Hebrew National
  • Hofmann
  • Johnsonville
  • Oscar Mayer

Condiments

  • French’s Mustard
  • Guldens Mustard
  • Heinz Ketchup
  • Hidden Valley Ranch
  • Lucky Whip
  • Vlasic

Buns and Bread

  • Ottenberg’s
  • Sara Lee
  • Vie de France Bakery

Bottled Water

  • American Springs
  • Pocono Springs
  • Poland Spring

Beer

  • Budweiser
  • Bud Light
  • Leinenkugel’s
  • Mad River
  • Michelob
  • Miller
  • Rolling Rock

See more from Union Plus.

Ice Cream and Frozen Treats

  • Del Monte Fruit Chillers
  • Breyers
  • Carvel
  • Good Humor
  • Hiland Dairy
  • Labelle Ice Cream
  • Laura Secord
  • MacArthur
  • Orchard Harvest
  • Prairie Farms
  • President’s Choice

Snacks 

  • Flips Pretzels,
  • Frito-Lay Chips
  • Oreos
  • Triscuits
  • Wheat Thins

Visit our Made in America board on Pinterest.

Reposted from AFL-CIO NOW

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What These Workers Need to Decide at the End of Every Week

Should they buy gas? Should they pay their bills? Buy groceries? Listen to minimum wage workers explain why they can’t survive on $7.25.

Hat tip to the U.S. Department of Labor for this video.

Do you agree that America’s working people need a raise? Sign the petition.

Reposted from AFL-CIO NOW.

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AFL-CIO Calls on the Obama Administration to Provide Deportation Relief

Update: Monday afternoon AP reported Homeland Security Secretary Jeh Johnson is weighing limiting deportations of immigrants living in the U.S. who don’t have serious criminal records. Read more.

The AFL-CIO today called upon President Barack Obama to halt deportations that tear families apart from each other, and today the AFL-CIO sent the president a memo urging him to take swift action on the urgent needs of workers and immigrant communities.

While Republicans in Congress are abdicating their responsibility to create a commonsense immigration process, the AFL-CIO recommends the Obama administration and the Department of Homeland Security (DHS) take the following three steps:

  1. DHS should grant affirmative relief with work authorization to individuals who are low priorities for removal or eligible for prosecutorial discretion under existing DHS policies. This would stop employers from “playing the deportation card” that pits workers against each other.
  2. DHS should reassert the primary role of the federal government in determining and implementing enforcement priorities by ending programs that effectively delegate those responsibilities to state and local law enforcement.
  3. DHS should reform the enforcement and removal system to stop criminalizing immigrant communities and ensure that individuals who are low priorities for removal or eligible for prosecutorial discretion are not removed.

Read more details about these steps in the memo and from the Washington Post’s Greg Sargent.

Reposted from AFL-CIO NOW

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11 Things Everyone Should Know About Working Women and the Minimum Wage

11 Things Everyone Should Know About Working Women and the Minimum Wage

Women workers are breadwinners. Women workers support their families. Check out 11 facts that show why women would benefit from raising the minimum wage.

1. Nearly two-thirds of minimum wage workers are women. Nearly four in 10 female minimum wage workers are women of color.

2. If the minimum wage were raised to $10.10, 25 million to 28 million workers would get a raise. About 55% of the workers who would benefit, more than 15 million people, are women.

3. Some 24.3% of women workers would benefit from raising the wage.

4. More than three-quarters of women earning the minimum wage are age 20 or older. The image of teenagers making minimum wage while flipping burgers at the neighborhood restaurant is outdated.

5. More than 2.2 million single moms would benefit from raising the minimum wage. One out of four of the workers who would benefit—and 31% of the women workers who would benefit—are parents with children.

6. Some 14 million children, or 18.7% of all kids in America, would benefit from raising the wage.

7. The minimum wage for tipped workers ($2.13 an hour) has not been raised since 1991. About 72% of tipped workers, such as restaurant servers, bartenders and hairstylists, are women.

8. Workers in tipped industries are paid 40% less than other workers on average. They are twice as likely to be poor than other workers, and servers are nearly three times as likely to be poor.

9. About half of all tipped workers would get a raise if the minimum wage bill, introduced by Sen. Tom Harkin (D-Iowa), was enacted. This includes increasing the tipped minimum wage to 70% of the minimum wage.

10. For every dollar that men earn, women earn just 77 cents. Increasing the minimum wage to $10.10 an hour and indexing it to inflation could close about 5% of the gender wage gap.

11. The wage gap is even larger for women of color: African American women make only 64% and Latina women make only 54% of their white male counterparts.

Sources: National Women’s Law CenterWhite HouseEconomic Policy Institute

If you think America’s working families need a raise, sign the petition

Reposted from AFL-CIO NOW

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