By Ned Resnikoff

– DETROIT – Minnesota Democratic Rep. Keith Ellison plans to unveil legislation that would make unionization into a legally protected civil right, the congressman said on Saturday.

The bill, which he plans to formally introduce on July 30, would make it easier for workers to take legal action against companies that violate their right to organize.

It is already illegal to fire workers in retaliation for union activities, but enforcing workers’ right to organize can be a tricky process under current law. Currently, wrongfully terminated employees must file an unfair labor practice claim with the National Labor Relations Board (NLRB), which will then determine whether to represent the worker in a legal fight against the employer.

But workers are not able to directly sue their employers for anti-union retaliation, and the process of bringing forward a successful unfair labor practice claim can take years.

Ellison’s legislation would maintain the unfair labor practice system, but also allow workers to individually sue their employers over allegations of illegal retaliation.

“If it’s a civil rights action, it’s vindicating your personal right, first of all to freedom of assembly and freedom of expression,” Ellison told msnbc Saturday at the Netroots Nation conference here. “And it’s your individual right to say what you want. Whether or not there’s ever even a vote, you shouldn’t be fired for expressing an intent to support union activity.”

Ellison said he got the idea for the bill from a book called Why Labor Organizing Should Be A Civil Right, written by Century Foundation fellows Richard Kahlenberg and Moshe Marvit. Shortly before the book’s release in early 2012, the two authors presented a synopsis of its core argument in an op-ed for The New York Times.

“Our proposal would make disciplining or firing an employee ‘on the basis of seeking union membership’ illegal just as it now is on the basis of race, color, sex, religion and national origin,” they wrote in the op-ed. “It would expand the fundamental right of association encapsulated in the First Amendment and apply it to the private workplace just as the rights of equality articulated in the 14th Amendment have been so applied.”

The full details of Ellison’s bill remain to be seen, but the proposal set forward by Kahlenberg and Marvit would “provide that after 180 days, a plaintiff can move his or her case from [the NLRB] to federal court.” That’s how the Equal Employment Opportunity Commission currently operates with regard to accusations of workplace discrimination.

Kahlenberg told msnbc that he was “delighted” by Ellison’s announcement.

“I think it’s a terrific development and Congressman Ellison’s the right person to advance this idea,” Kahlenberg said. “He has a strong record on civil rights and a strong record on labor.”

Ellison had not spoken directly with either Kahlenberg or Marvit about the idea, but Kahlenberg said he had been in contact with Ellison’s staff. According to Ellison, a recent Supreme Court decision has made it more important than ever to strengthen collective bargaining rights.

“In the aftermath of Harris v. Quinn, there’s no doubt that organizing rights are under as much threat as ever,” he said. “And now even from the Supreme Court.”

Source: http://www.msnbc.com/msnbc/keith-ellison-union-organizing-civil-right

Sisters and Brothers,

The trial of the City’s unilateral implementation lawsuit took place in Philadelphia Common Pleas Court Friday, presided over by Judge Idee Fox.

In February 2013 the Mayor asked the Pennsylvania Supreme Court to grant the City the ability to “unilaterally impose” the City’s “final offer” in our contract negotiations, which would have significantly reduced your overtime pay, cut your pensions, and let the City furlough each and every one of our members 15 days every year, without limit on who could be furloughed or when. The “imposed” offer, forced on the Union by the Mayor, is his attempt to end our right to negotiate a fair contract.

District Council 33’s lawyers’ strong opposition to the City’s request led the Supreme Court to deny the City’s plea last June. The Supreme Court’s ruling sent the City’s lawsuit back to Common Pleas Court for trial, and Judge Fox held trial on Friday, July 18. Lawyers for the City and District Council 33 argued the case before the Judge.

Our Executive Board members who attended were very encouraged by her questions and reaction to our lawyer’s arguments. Our lawyer, Sam Spear, submitted a 54-page brief describing why we are right and why the City’s anti-union attack, if successful, would decimate all public sector unions’ collective bargaining rights throughout Pennsylvania.

At the close of the trial and at the request of the City, the Judge allowed both sides 30 days to submit additional written findings for her consideration. Due to the complex nature of this case, the Judge’s decision is not expected to be issued for at least several months after that.

We were all extremely encouraged by what took place in the courtroom and believe we will again beat back this attempt by the City to destroy our contract and take away our members’ collective bargaining rights. On Tuesday July 22 we will continue contract negotiations with the City, fighting for our proposals to win a fair contract for all members of District Council 33.

In Solidarity,

Pete Matthews

Note: Below is a link to a story from KYW radio that gives an in-depth report of the trial.

Go To: http://philadelphia.cbslocal.com/2014/07/18/city-of-philadelphia-asks-to-impose-contract-terms-in-stalled-blue-collar-talks/

By Jared Shelly

– Ed Rendell had some harsh words for politicians that don’t want to invest in the nation’s infrastructure.

“We have politicians that just worry about their own survival,” the former Pennsylvania governor said during a panel discussion with the Atlantic’s Washington Editor-at-Large Steve Clemons at the National Constitution Center on Wednesday. “The frustrating thing is that we know what to do, we just don’t have the will to do it.”

Rendell, who has made infrastructure one of his main areas of focus since he left office in 2011, said the current political landscape doesn’t allow the country to make necessary repairs to roads and bridges.

“We’ve stopped investing because of this idea that when government spends money it’s bad,” said Rendell, who referred to notes on his iPad during the presentation. He argued that infrastructure investments mean people get jobs, and structures (like roads and bridges) get the critical repairs they need.

Sponsored by Seimens, the Atlantic magazine event “Building the Future” also focused on manufacturing, something Rendell touted as a burgeoning industry — and a great career path.

“There are still 600,000 manufacturing jobs going unfilled in the United States,” said Rendell, noting that many employers can’t seem to find workers with the right skill sets.

“Do you want a great job? Do you want to be in demand? Become a manufacturing engineer,” he said.

And for those that think manufacturing is done in a dirty, smoke-filled factory are simply misinformed. These days, manufacturing is highly-skilled work, often done in clean rooms and resulting in technically advanced products. (Rendell repeatedly touted a manufactured knee replacement as a good example.)

The stereotype of dark hands and black lungs is so 1940s.

“It’s not blue collar, it’s white collar or no collar,” he said.

Another stigma also needs to be removed: The idea that science is nerdy, uncool and not for a career for women.

“If you’re a young girl going into science, don’t worry about being called a nerd,” he said. “As Bill Gates said the nerds wind up running the world.”

Source: http://www.bizjournals.com/philadelphia/news/2014/07/18/ed-rendell-calls-out-politicians-for-not-investing.html

By The PA. AFL-CIO

– The AFL-CIO Boycott of Staples in support of the members of the American Postal Workers Union is not over. A July 14 announcement by Staples that it is terminating its no-bid contract with the United States Postal Service is a ruse, stated American Postal Workers Union President Mark Dimondstein. “Staples and the USPS are changing the name of the program without addressing the fundamental concerns of postal workers and postal customers. They intend to continue to privatize retail operations, replace living-wage Postal Service jobs with low wage Staples jobs, and compromise the safety and security of the mail. If it looks like a duck, walks like a duck and quacks like a duck, it’s a duck.” Dimondstein said in his announcement to ensure that there is no doubt that the Boycott of Staples continues.

In fact just a few days ago the 1.6 million American Federation of Teachers officially announced their boycott of Staples and last week the Pennsylvania AFL-CIO Executive Council unanimously approved the Staples Boycott. Just hours ago, AFSCME passed a resolution in support of the boycott at their convention in Chicago.

This attempt at trickery shows that the “Don’t Buy Staples” movement is having an effect. We intend to keep up the pressure until Staples gets out of the mail business. The U.S. Mail is Not for Sale. Don’t shop at Staples and sign the online petition on the American Postal Workers website, www.apwu.org

Sorce: http://www.paaflcio.org/?p=4291

BY David Moberg

– The just-released results of a six-month initiative by the American Federation of State, County and Municipal Employees (AFSCME) suggest that the dark cloud cast over public sector unionism by a recent Supreme Court decision may not be so threatening after all.

Many analysts saw the court’s ruling last month in Harris v. Quinn as a profound blow to public sector unions such as AFSCME. In a case involving workers who receive state funds to provide home care for people with disabilities, the court found that the Service Employees International Union (SEIU) could not collect “fair share” payments from workers who declined to join the union. A significant share of public workers—especially in home care work, where workers are spread out over various workplaces—have been required to pay these reduced dues to compensate unions such as AFSCME and for their bargaining and representation work. Unions fear that in future rulings, the Supreme Court will eventually nix fair share fees for all public workers, or even all workers.

But a recent experiment by AFSCME may point the way to how unions can reduce the harmful effects of Harris.

In January, leaders of the 1.6-million-member union set a target of becoming “50,000 stronger” by the start of the convention through “internal organizing”—that is, recruiting workers who were paying “fair share” dues or nothing at all to become full-fledged, dues-paying members. What was notable about the union’s approach was that, rather than bring in professional organizers, AFSCME used volunteer member organizers (VMOs). These volunteers approached their co-workers, or those at similar workplaces, to make the case for joining the union. AFSCME, like many other unions, has used VMOs before, but never on such a large scale.

“We found that when VMOs went to workers, especially co-workers, and made the ask, people were signing up at a fantastic rate,” says AFSCME spokesperson Chris Fleming.

AFSCME unveiled the outcome of its initiative on Monday at the union’s annual convention, held in Chicago this week. With 800 VMOS doing outreach for six months, AFSCME’s internal organizing drive brought in nearly twice the goal—92,155 new, fully dues-paying members, including 20,000 home care workers in California.

At a prison in Toledo, 60 employees were non-members at the start of the internal organizing campaign. At the end, only two were still hold-outs.

AFSCME is also accelerating its new-member organizing—using VMOs whenever possible—in occupations such as emergency medical services (public and private), home care, child care and, in a few areas, such as New Orleans and Chicago, taxi drivers. The union has been organizing the first three occupations for several years, but the taxi drivers represent a new departure.

“We may be under attack, but we are not about to raise the flag of surrender,” United Domestic Workers member Viviana Saavedra, a California home care worker, told the roughly 4,000 convention delegates and alternates on Monday. “No matter what the challenges are, we must grow our union.”

“In state after state, extremist politicians are looking for any opportunity, and every opportunity, to destroy us,” AFSCME president Lee Saunders said in a speech at the convention. “But, AFSCME, their opportunity will not come. This is our time.”

AFSCME’s success in internal organizing with VMOs shows that even in the face of hostile legal and political attacks, unions have reservoirs of strength. Harris v. Quinn may even turn out to backfire on the Right by energizing union members to become much more involved in bringing in new members, both in organized and unorganized workplaces.

Source: http://inthesetimes.com/working/entry/16963/has_afscme_found_the_cure_to_harris