T-Mobile Guilty of Violating Labor Law Workers’ Rights, NLRB Judge Rules

A judge at the National Labor Relations Board (NLRB) yesterday found T-Mobile U.S. guilty of engaging in nationwide labor law violations against workers. The unprecedented ruling comes after a rare move last year by the NLRB consolidating multiple complaints against T-Mobile U.S. for illegal actions and policies in Albuquerque, N.M.; Wichita, Kan.; Charleston, S.C., and New York City.

At issue were illegal corporate nationwide policies that block workers from organizing or even talking to each other about problems at work. Workers throughout the T-Mobile U.S. system were subjected to and effectively silenced by these illegal policies; the judge’s order to rescind them covers 40,000 workers.

Communications Workers of America (CWA) President Larry Cohen said:

This decision exposes the deliberate campaign by T-Mobile U.S. management to break the law systematically and on a nationwide scale, blocking workers from exercising their right to organize and bargain collectively. This behavior can only be changed by a nationwide remedy to restore workers’ rights. Deutsche Telekom, the principal owner of T-Mobile U.S., has claimed that its U.S. subsidiary follows the law. Now we have the official word: T-Mobile U.S. is a lawbreaker. Bonn, the headquarters of DT, no longer can hide behind the false statements made by T-Mobile U.S. executives. These behaviors would be almost unimaginable in Germany or any other democracy in the world.

The decision by NLRB Judge Christine Dibble focused on T-Mobile U.S.’s illegal employment policies and restrictions that prohibited workers from discussing wages with each other or criticizing working conditions or seeking out assistance to blow the whistle on unlawful behavior.

The decision finds that the corporate policies “would chill employees in the exercise of their…rights” or would be construed “as restricting [an employee’s] rights to engage in protected concerted activities, including unionizing efforts.”

Judge Dibble found that T-Mobile U.S.’s Wage and Hour Complaint Procedure, for example, “tends to inhibit employees from banding together.” She writes that the corporate procedure’s requirement that an employee notify management of a wage issue first, “in combination with the threat of discipline for failing to adhere to the rule, would ‘reasonably tend to inhibit employees from bringing wage-related complaints to, and seeking redress from, entities other than the Respondent, and restrains the employees’…rights to engage in concerted activities for collective bargaining or other mutual aid or protection.”

Carolina Figueroa, a T-Mobile U.S. call center worker from Albuquerque, said:

We are happy and relieved. We are finally being heard. My co-workers and I at T-Mobile U.S. will have the right to speak out against unfair treatment and should not be muzzled or retaliated against—and with today’s decision, the company has to declare this to all of its employees nationwide.

Reposted from AFL-CIO NOW

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NLRB Rules Employees Can Use Work Email for Organizing

Workers were given a potentially significant tool when the National Labor Relations Board (NLRB) ruled that employees can use work email accounts in union organizing activities, as long as they do it on their own time. The decision reversed a 2007 decision. Workers also are allowed to use work email to discuss wage and other workplace issues. The three Democrats on the board voted yes on the ruling, while the two Republicans abstained.

Bernie Lunzer, a vice president for the Communications Workers of America (CWA), which filed the case in 2012, said the ruling was: “A big victory for workers in general.”

CWA pursued the case after Purple Communications in Rocklin, Calif., refused to allow workers to use company email accounts in a union organizing drive.

The NLRB reasoned:

By focusing too much on employers’ property rights and too little on the importance of email as a means of workplace communication, the Board (in its earlier ruling) failed to adequately protect employees’ rights…and abdicated its responsibility ‘to adapt the Act to the changing patterns of industrial life.’

Reposted from AFL-CIO NOW

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After 11 Years, CNN Techs Finally Get Justice

Photo courtesy Gregor Smith on Flickr

After 11 years, technicians working for a CNN subcontractor have received justice after the company initiated what Communications Workers of America called a “phony reorganization scheme to get rid of unionized workers.” The National Labor Relations Board found overwhelming evidence that the news channel engaged in anti-union activity and that CNN was a joint employer of the technicians and subcontractor. CNN was ordered to rehire about 100 workers and compensate 200 others, with the total CNN has to pay expected to be tens of millions of dollars. Additionally, the channel is required to restore any bargaining unit work outsourced since previous contracts ended, recognize the employees’ union, and begin bargaining with the two National Association of Broadcast Employees and Technicians locals that represent the workers.

In December 2003, CNN terminated its relationship with subcontractor Team Video Services, whose workers were represented by NABET-CWA in Washington, D.C., and New York City. The union filed unfair labor practice charges with the NLRB. In 2008, a judge ruled against CNN, but the channel appealed the ruling and challenged the NLRB’s legal authority in the case. The delays lasted until this year. During that time, many of the workers lost their homes, went bankrupt and struggled to pay medical bills. A number of them have passed away.

NABET-CWA President Jim Joyce said the union’s members were grateful for the decision:

These workers have waited far too long for this measure of justice to finally be delivered and have suffered far too much as the result of these unlawful activities. CNN should finally do the right thing now and immediately comply with the orders of the National Labor Relations Board issued today.

Tyrone Riggs, one of the workers who lost his job in 2003, echoed those sentiments:

Today is a good day to stand up straight. I never gave up hope. I never wavered. I knew justice would prevail.

CWA President Larry Cohen added:

All of us in CWA should be proud of our work and the coalition that helped support Senate confirmation of the NLRB members in July 2013. Without a functioning NLRB, this decision would never have been possible. But today belongs to the 300 technicians and their families, and our hearts and minds are with them.

Reposted from AFL-CIO NOW

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12 Recent Victories for Workers in Raising Wages and Collective Bargaining

While it certainly seems that far-right extremists are waging an all-out war on working families and their rights, workers aren’t just defending themselves; they are fighting to expand their rights and achieving some significant gains. Here are 12 recent victories we should celebrate while continuing to push for even more wins.

1. AFSCME Sets Organizing Goal, Almost Doubles It: AFSCME President Lee Saunders announced that the union has organized more than 90,000 workers this year, nearly doubling its 2014 goal of 50,000.

2. Tennessee Auto Workers to Create New Local Union at VW PlantAuto workers at Volkswagen’s plant in Chattanooga, Tenn., announced the formation of UAW Local 42, a new local that will give workers an increased voice in the operation of the German carmaker’s U.S. facility. UAW organizers continue to gain momentum, as the union has the support of nearly half of the plant’s 1,500 workers, which would make the union the facility’s exclusive collective bargaining agent.

3. California Casino Workers Organize: Workers at the new Graton Resort & Casino voted to join UNITE HERE Local 2850 of Oakland, providing job security for 600 gambling, maintenance, and food and beverage workers.

4. Virgin America Flight Attendants Vote to Join TWU: Flight attendants at Virgin America voted to join the Transport Workers, citing the success of TWU in bargaining fair contracts for Southwest Airlines flight attendants.

5. Maryland Cab Drivers Join National Taxi Workers Alliance: Cab drivers in Montgomery County, Md., announced their affiliation with the National Taxi Workers Alliance, citing low wages and unethical behavior by employers among their reasons to affiliate with the national union.

6. Retail and Restaurant Workers Win Big, Organize Small: Small groups of workers made big strides as over a dozen employees at a Subway restaurant in Bloomsbury, N.J., voted to join the Retail, Wholesale and Department Store Union. Meanwhile, cosmetics and fragrance workers at a Macy’s store in Massachusetts won an NLRB ruling that will allow them to vote on forming a union.

7. Minnesota Home Care Workers Take Key Step to Organize: Home health care workers in Minnesota presented a petition to state officials that would allow a vote on forming a union for more than 26,000 eligible workers.

8. New York Television Writers-Producers Join Writers Guild: Writers and producers from Original Media, a New York City-based production company, voted to join the Writers Guild of America, East, citing low wages, long work schedules and no health care.

9.  Fast-Food Workers Win in New NLRB Ruling: The National Labor Relations Board ruled that McDonald’s could be held jointly responsible with its franchisees for labor violations and wage disputes. The NLRB ruling makes it easier for workers to organize individual McDonald’s locations, and could result in better pay and conditions for workers.

10. Workers Increasingly Have Access to Paid Sick Leave: Cities such as San Diego and Eugene, Ore., have passed measures mandating paid sick leave, providing workers with needed flexibility and making workplaces safer for all.

11. Student-Athletes See Success, Improved Conditions: College athletic programs are strengtheningfinancial security measures for student-athletes in the wake of organizing efforts by Northwestern University football players. In addition, the future is bright as the majority of incoming college football players support forming a union.

12. San Diego Approves Minimum Wage Hike; Portland, Maine, Starts Process: Even as Congress has failed to raise the minimum wage, municipalities across the country have taken action. San Diego will raise the minimum wage to $11.50 an hour by 2017, and the Portland, Maine, Minimum Wage Advisory Committee will consider an increase that would take effect in 2015.

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Pittsburgh Adjunct Faculty Votes to Join USW

Pittsburgh Adjunct Faculty Votes to Join USW

Part-time professors at Pittsburgh’s Point Park University have voted to join the Adjunct Faculty Association of the United Steelworkers (AFA-USW). The votes were counted this morning by the National Labor Relations Board (NLRB).

The educators filed a petition with the NLRB in April and a mail ballot election was held for the 314 eligible instructors. The Point Park faculty are the second group of adjuncts to vote to join AFA-USW, after Duquesne University faculty voted for the union in the spring of 2012. The Point Park instructors cited similar issues as the Duquesne faculty, including stagnating wages, lack of benefits, little job security and inadequate office space and other tools to provide students with quality education.

USW President Leo W. Gerard called upon the college to engage the adjuncts fairly:

The adjunct instructors have spoken very clearly with this vote. Now it’s time for the Point Park administration to work with them to craft a fair collective bargaining agreement that provides the faculty with the benefits and basic protections that all workers deserve.

Sharon Brady, who has taught theater arts at Point Park for more than a decade, echoed Gerard:

I am looking forward to working with the administration, with the support of the USW, to enhance both the adjuncts’ experience and their effectiveness for the students they serve.

Reposted from AFL-CIO NOW

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UAW Files Appeal with NLRB on Outside Interference During Chattanooga Volkswagen UAW Election

UAW Files Appeal with NLRB on Outside Interference During Chattanooga Volkswagen UAW Election

It’s hard enough to form a union without politicians and special interest groups interfering and using scare tactics. Which is exactly what happened in Chattanooga, Tenn., when Volkswagen workers narrowly voted against representation with UAW by 44 votes.

The UAW filed an appeal with the National Labor Relations Board (NLRB) Friday related to the interference by politicians and outside special interest groups in that election.

A firestorm of interference from politicians and special interest groups threatened the economic future of the plant just before and during three days of voting in an election supervised by the NLRB. The objections detail a coordinated and widely publicized coercive campaign conducted by politicians and outside organizations to deprive Volkswagen workers of their federally protected right to join a union.

“It’s essentially saying, ‘If you unionize, it’s going to hurt your economy. Why? Because I’m going to make sure it does,’” said Volkswagen worker Lauren Feinauer. “I hope people see it for the underhanded threat that it is.”

The campaign also included threats by U.S. Sen. Bob Corker (Tenn.) related to promises of a new product line awarded to the plant if workers voted against UAW representation.

The objections state, “Sen. Corker’s conduct was shameful and undertaken with utter disregard for the rights of the citizens of Tennessee and surrounding states that work at Volkswagen.…The clear message of the campaign was that voting for the union would result in stagnation for the Chattanooga plant, with no new product, no job security and withholding of state support for its expansion.”

For more information, visit www.uaw.org/uawvw.

Reposted from AFL-CIO NOW

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Despite Millions Spent in Opposition, Date Set for High Profile Union Election in Chattanooga

After months of organizing, fighting, advocating, and waiting, the NLRB has set a date for a secret-ballot union election at the Volkswagen plant in Chattanooga, Tennessee for February 12, to 14.

Chattanooga has the only major Volkswagen plant in the United States, employing 1,600 workers. And it’s unique: At all other VW plants worldwide, workers have the opportunity to join German-style “works councils”–committees of blue collar workers, white collar employees, and representatives from management who discuss plant conditions.

The Chattanooga plant has been the site of a high-dollar proxy battle, drawing the United Auto Workers and national anti-union giants like Grover Norquist, who set up an organization called the Center for Worker Freedom to oppose the organizing effort.

But unlike most other union fights, Volkswagen management does not oppose the UAW’s organizing:

Scott Wilson, a VW spokesman, said: “Volkswagen values the rights of its employees in all locations to representation of their interests.  In the United States, it is only possible to realize this in conjunction with a union.  This is a decision that ultimately lies in the hands of the employees. For this reason, we have begun a dialogue with the U.A.W.”

That puts the outside forces in the odd position of criticizing both the union organizers and the Volkswagen management. Don Jackson, who until 2012 headed up American manufacturing for Volkswagen, has become an outspoken opponent of what his former employer is doing in Chattanooga. Tennessee Senator Bob Corker said it was “beyond belief,” VW would allow a union election, saying they would become a “laughingstock” if the UAW succeeded.

AFL-CIO President Trumka dismissed the rantings from Corker and others. “Claims that union representation would make Tennessee a ‘laughingstock in the business world,’ or deter other companies from moving South are nothing more than attempts to hold on to a polarizing, unproductive ‘us vs. them’ status quo,” Trumka wrote in the Detoit News, “Volkswagen’s willingness to work collaboratively is a strong part of its success.”

It’s clear that this fight isn’t just about one plant. “It seems that both the business community and labor are seeing what’s happening at VW as a pivotal moment in the Southern automotive business and labor history,” says Vanderbilt University labor expert Daniel B. Cornfield.

Luckily, the decision will ultimately be in the hands of the 1,600 workers who punch in every day at the Chattanooga plans. “For me to have a voice at the workplace would tremendously increase my chances of staying here,” said Seth Landis, an Electrical Rework Line Team Member at Chattanooga.

“I’m excited. I can’t wait,” said Paint Finish Team Member Tammy Flint. “I just can’t wait for this to get started, I’m ready for it.”

Voting begins February 12.

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8 Reasons College Athletes Need a Union

Last spring, Northwestern University quarterback Kain Colter approached National College Players Association (NCPA) President Ramogi Huma about help in getting college athletes more of a say in their own fate so they can improve playing conditions. Huma and Colter worked with the United Steelworkers (USW) and this week they filed the paperwork and cards with the National Labor Relations Board (NLRB), seeking to establish the first union for college athletes in history called the College Athletes Players Association (CAPA). The number of players who signed union cards wasn’t disclosed, but Colter expressed that it was more than enough for the process to move forward.

Colter explained the reasons he thought union representation was important for players:

The action we’re taking isn’t because of any mistreatment by Northwestern. We love Northwestern. The school is just playing by the rules of their governing body, the NCAA. We’re interested in trying to help all players—at USC, Stanford, Oklahoma State, everywhere. It’s about protecting them and future generations to come. Right now the NCAA is like a dictatorship. No one represents us in negotiations. The only way things are going to change is if players have a union.

As was bound to happen, the NCAA replied with some boilerplate nonsense and confidence that it didn’t have to do anything else to compensate or protect players who make member schools billions of dollars a year:

The NCAA responded with a statement from Chief Legal Officer Donald Remy who said, “student-athletes are not employees within any definition of the National Labor Relations Act,” and that there is no existing employment relationships between the “NCAA, its affiliated institutions or student-athletes.”

“This union-backed attempt to turn student-athletes into employees undermines the purpose of college: an education,” Remy said in the statement. “Student-athletes are not employees, and their participation in college sports is voluntary. We stand for all student-athletes, not just those the unions want to professionalize.”

The labor movement was quick to endorse the players desire for a union. USW is the union of record on the paperwork the players submitted. The NFL Players Association (NFLPA) also expressed support for theircollege counterparts.

USW President Leo W. Gerard said:

Too many athletes who generate huge sums of money for their universities still struggle to pay for basic necessities, and too many live in fear of losing their scholarships due to injury or accident….These students deserve some assurance that when they devote weeks, months and years of their lives to an academic institution, that they will not be left out to dry, without the same basic protections that we all expect from the institutions we serve.

AFL-CIO President Richard Trumka alluded to the challenges college athletes face being part of the larger labor struggle:

The lesson that strength comes from standing together is one Colter has learned fulfilling his 60-hour-plus weeks as a football player, and it is true for all workers, whether they teach school, build Volkswagens in Chattanooga, [Tenn.,] or serve as home health care workers.

With that context in mind, here are eight reasons college athletes need a voice on the field:

1. Sports can kill you: There are many stories over the years of college and high school football players dying because of on-field or practice-related problems, particularly concussions, like the one that killed Frostburg State University player Derek Sheely last year. Many players don’t think the NCAA does enough to protect the safety of players, and the NCAA is on record saying that it has no legal obligation to protect players from head injuries. The NCPA has developed a safety plan it wants the NCAA to adopt.

2. The costs of a sports-related injury are not covered by the college: The NCAA doesn’t require schools to cover the costs that athletes incur when they are injured in relation to their sport. These injuries have left players with debts that can exceed $10,000, with many of those injuries reducing a player’s ability to earn money to pay for those costs.

3. An injury can end a player’s education: If a player gets injured, even through no fault of their own, they can be dropped by the college. Many colleges do the right thing and let them continue going to school, but it isn’t required.

4. Only half of football and men’s basketball players graduate: One of the key arguments against increased compensation for players is that they’re “getting a free education.” But an incomplete education doesn’t do a whole lot to expand the career options of the vast majority of players who don’t play professional sports. If schools don’t prioritize graduation for these players, are they really providing them with a free education? Or are they exploiting them for their talent and then casting them aside?

5. Athletic scholarships don’t cover all of a player’s costs: A recent study has shown that, on average, a college athlete’s scholarship leaves them about $3,200 short of the costs of attending college each year. Players are not allowed to receive pay for work to cover that cost.

6. Players who fail to live up to expectations can be cast aside: When a player takes a chance on signing to play with a school and they don’t live up to that school’s expectations, that player can lose their scholarship and lose their opportunity at finishing their education. The NCPA is calling for these players to be given given non-athletic scholarships so they can finish their degrees, since they sacrificed other opportunities by signing with the school that no longer wants them.

7. Colleges make billions off of players, who get a tiny piece of that pie: The power conferences in football and men’s basketball make an estimated $5.15 billion annually off of the players. Beyond scholarships, players get no compensation, despite the fact that schools not only make money off of the players for the games and TV contracts, but also off of merchandising, particularly in the form of apparel and video games (although there has been some limitation of this type of revenue in recent years).

8. Players don’t control their own destiny: If a player thinks they could be better served or have more opportunity at another school, they don’t have a ton of options. Most transfers require players to sit out a year and to lose a year of eligibility, unless they transfer to a lower division school that offers less visibility and can limit their future prospects in their sport.

Reposted from AFL-CIO NOW

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NLRB Files Formal Complaint Against Walmart, Internal Anti-Union Documents Also Leaked

The National Labor Relations Board filed an formal complaint yesterday against the retail behemoth Walmart, alleging that the company violated the rights of nearly 70 workers rallying over workplace conditions in 14 states.

The Los Angeles Times reports the complaint, the largest ever against Walmart, refers to charges made in November 2012 during the Black Friday actions by associates speaking out for respect on the job and for Walmart to publicly commit to provide regular hours and a living wage of $25,000 a year. The complaint alleges Walmart illegally fired and disciplined nearly 70 workers in 34 stores.

“Walmart thinks it can scare us with attacks to keep us from having a real conversation about the poverty wages we’re paid,” says Barbara Collins, a fired Walmart worker from Placerville, Calif., who is one of the workers named in the complaint. “But too much is at stake—the strength of our economy and the security of our families—to stay silent about why Walmart needs to improve jobs. Now the federal government is confirming what we already know: We have the right to speak out, and Walmart fired me and my co-workers illegally. With a new CEO taking over in a few weeks, we hope that Walmart will take a new direction in listening to associates and the country in the growing calls to improve jobs.”

Making Change at Walmart reported in a press release:

If Walmart is found liable, workers could be awarded back pay, reinstatement and the reversal of disciplinary actions through the decision; and Walmart could be required to inform and educate all employees of their legally protected rights. While historic, the complaint alone is not enough to stop Walmart from violating the law. Since the start of the year, Walmart has continued to retaliate against workers who speak out for better jobs.

In other news, the Internet group Anonymous leaked a set of Walmart PowerPoints for managers that included ways to discourage workers from joining a union and how to identify “early warning signs.”

original

The PowerPoints also detailed legal ways an employer could discourage workers from organizing:

“Walmart’s aggressive anti-worker campaign is real, it is ugly and unnecessary,” says Dominic Ware of Leandro, Calif. (OUR Walmart member and former associate). “Instead of spending money on these misleading and false campaigns to intimidate workers and their rights, Walmart should be focused on publicly committing to improving jobs, raising wages and making sure that workers are able to raise their concerns without fear of illegal retaliation.”

Reposted from AFL-CIO NOW

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Time’s Running Out for Congress to Act on Vital Issues

With the end of the legislative session looming, here’s a look at some of the key working family issues still on the congressional agenda.

Budget

The Republican shutdown of the government in October cost the economy 120,000 jobs and just under $24 billion. The agreement to end the shutdown funded the government through Jan. 15, but at the sequestration levels that have strangled job growth and slowed the economy, and included a debt ceiling increase through Feb. 7.

The deal also called for a House–Senate budget conference committee to try to reach a longer term budget agreement by Dec. 13. House Republicans are continuing their demands to cut Social security, Medicare and Medicaid, along with tax breaks for corporations.

The AFL-CIO is calling for the repeal of the sequester, which could create nearly 800,000 jobs, according to the Congressional Budget Office. Also lawmakers must oppose any cuts in Social Security, Medicare or Medicaid benefits, including means-testing or reducing annual cost-of-living increases by moving to the so-called “chained CPI.” Social Security benefits should be improved, not cut; working people and retirees need more economic security, not less.

Instead of further austerity measures, Congress should invest in jobs and education by raising revenue from Wall Street and the wealthiest 1%. Repealing tax subsidies for sending jobs overseas, for example, would generate $583 billion over 10 years.

Immigration Reform

In June, the Senate passed a bipartisan immigration reform bill that included a path to citizenship. In October, a House bill (H.R. 15) modeled on the Senate measure was introduced with Republican co-sponsors. Congressional observers believe there are at least two dozen other Republican legislators who would support the bill if it came to a vote.

But this week, House Speaker John Boehner (R-Ohio) broke his promise to hold a House vote on immigration reform legislation. AFL-CIO President Richard Trumka called Boehner’s action “unconscionable” and said:

The AFL-CIO will not give up this fight until comprehensive immigration reform is passed in the Congress. If Boehner’s House Republicans continue to block the way, we intend to make it clear that the Republican Party will pay a price at the ballot box for ignoring America’s growing immigrant community.

Workplace Discrimination

Earlier this month, the Senate overwhelmingly passed (64–32) the historic Employment Non-Discrimination Act of 2013 (ENDA). The bill would make it illegal for employers to discriminate against workers based on their sexual orientation or gender identity. Currently, 29 states allow workers to be fired for being gay and 33 allow workers to be fired for being transgender.

But even though the Senate version passed with bipartisan support and the House ENDA bill includes Republican co-sponsors, Boehner again caved to the extremist tea party wing and said he would not allow a vote on the bill.

Minimum Wage

The federal minimum wage has been stuck at $7.25 an hour since 2009. Shortly after the Thanksgiving holiday, the Senate is expected to take up a bill (S. 460) to increase the minimum wage to $10.10 over three years and index it to inflation. It also would raise the minimum wage for tipped workers, which is currently $2.13 per hour, to 70% of the regular minimum wage.

Among workers who would benefit from a minimum wage increase, 88% are adults older than 20; 55% percent are women; and their earnings account for half of their family’s entire income.

Even though 80% percent of the public, including 62% of Republican voters, support increasing the minimum wage, according to a recent poll conducted by Hart Research, Boehner likely will block any House vote.

Unemployment Insurance

If Congress doesn’t extend the current extended federal unemployment insurance (UI) program by the end of the year, 1.3 million jobless workers will be cut off from UI the week of Dec. 28. Nearly 1.9 million more would lose the extended UI during the first half of 2014 as their state benefits run out. The current program, last extended in January 2013, provides up to 47 weeks of federal benefits in states with the highest unemployment rates on top of the normal 26 weeks that most states provide.

With the economy still 2 million jobs in the hole after the Great Recession and with 37% of the unemployed out of work for more than six months, inaction would be disastrous.

Retirement Security

Last month the House passed a bill (H.R. 2374) that would delay and could ultimately thwart the U.S. Department of Labor’s effort to protect workers’ retirement security. The Labor Department wants to close loopholes and update the rule that protects workers from deceptive or abusive practices when they seek investment advice about their retirement savings.

In a letter to House members, AFL-CIO Government Affairs Director William Samuel says, “The intent behind this bill is to delay the commission rule and thereby also block [the Labor Department] from carrying out its statutorily required responsibilities.” He adds:

This bill affects all workers who are trying to save for their retirement. The primary way most working people invest in the capital markets is with their retirement savings—frequently their biggest financial asset. They are counting on making the most of their money when they seek investment advice; they are counting on that advice being free from conflicts of interest. That is what is at stake here.

So far the bill has no Senate sponsor.

Nominations

Earlier this year with Senate Democrats on the verge of changing Senate rules to block filibusters on executive branch nominees, Senate Republicans relented on their obstruction tactics that have blocked votes on several of President Barack Obama’s nominees.

But after eight Republicans crossed party lines to end a filibuster against Richard Griffin, the former National Labor Relations Board member nominated by Obama to serve as the NLRB’s general counsel, the nomination process once again ground to a halt.

On Oct. 31, Republicans blocked an up or down vote on Rep. Mel Watt (D-N.C.), the first African American to be nominated to chair the Federal Housing Finance Agency. Watt is also the first sitting member of Congress to be rejected by the Senate since 1843.

Republicans also have vowed to block all three of President Obama’s nominees to the U.S. Court of Appeals for the District of Columbia Circuit. On Oct. 31, Republicans prevented an up or down vote on the nomination of Patricia Millett, and on Nov. 12, they voted to continue the filibuster against the nomination of Nina Pillard. Republican leadership is also expected to block the nomination of the third Obama nominee, Robert Wilkins, who is currently sitting on the U.S. District Court for the District of Columbia.

The District of Columbia Circuit is considered the most important court beneath the U.S. Supreme Court because most cases dealing with federal regulations and federal enforcement agencies can be appealed there, including decisions and regulations issued by the National Labor Relations Board, the Occupational Safety and Health Administration and the Environmental Protection Agency.

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