News, advice and common issues regarding negotiation issues in the workplace by The Employee’s Lawyer.
One of the primary reasons that people will engage in labor organizing, including striking, is to help obtain better working conditions. In this way, they can make their job easier, safer, and more comfortable for themselves and everyone at their job. But what exactly does it mean to strike for better working conditions, and how can labor organizing help to achieve that?
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In a recent ruling, the Supreme Court of the United States has held that labor unions may be held liable for “intentional property damage” against employers during a strike. The court ruled that the National Labor Relations Act (NLRA) does not preempt tort claims made against the union for property that was intentionally damaged or destroyed during a strike. This is seen as a blow to many unions, who may now face legal liability from employers seeking to intimidate them into silence.
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Collective bargaining is one of the most essential tools that workers have to protect their legal rights. Through collective bargaining, workers have historically been able to fight for better compensation, better working conditions, and to fight against abuses by their employers. But what is collective bargaining, and how can it help workers to improve their working conditions and get them better pay?
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What Does It Mean To Go On Strike In America?
If you have turned on the news or looked at the front page of the paper, I am sure you have heard about the Writer’s Guild of America (WGA) strike. Unions will go on strike for various reasons. The negotiation, reasons, and timing can vary, depending on the context of the terms that are being debated. With the WGA walking out on their jobs, it will affect those TV shows and films that are about to start or wrap up. You may have to wait to see what happens to your favorite characters until next fall. They definitely have the perfect timing for a strike, when so many loose ends are just about to be tied up until next season.
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The Writers Guild of America (WGA) has gone on strike in protest against low wages and poor royalties throughout the film and television industries, which they say has made it nearly impossible for writers to make a living. In particular, they complain about a lack of royalties for “new media” such as streaming shows and movies, which they say they make almost no money from. In addition, there is increased suspicion towards the use of artificial intelligence (AI) as a replacement for writers and other artists, which they say may be used to devalue their work.
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The National Labor Relations Board (NLRB) has ruled that a meat processing company violated the National Labor Relations Act (NLRA) due to its persistent failure to bargain in good faith with its unionized workers. The NLRB noted that the employer repeatedly refused to consider even the smallest concessions to the Union, adhered to its own initial proposals without modifications, and that it did not even wait for the Union to make all of its proposals before rejecting them. As a result, the NLRB issued a variety of measures against the company for what it called “egregious and pervasive instances of bad-faith bargaining.”
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Over the past couple of years, unionization has become increasingly popular across the United States, with an estimated 200,000 employees joining unions in 2022 alone. However, not everyone understands what benefits a union can bring, and wonder if unionization might be appropriate for their workplace. So what are the benefits of unionizing your workplace?
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On March 24, 2023, Governor Gretchen Whitmer of Michigan repealed the state’s “right to work” law, helping to bring greater access to labor unions to people of her state. This law, which was originally passed in 2012, was meant to hinder the efforts of workers to unionize their fellow employees. With its repeal, however, labor organizers will have a much easier time bringing the protections of unions to their workplaces.
A new bill introduced in the United States House of Representatives would require employers to increase wage transparency for job postings. The bill, dubbed the “Salary Transparency Act,” would force employers to post the wage or wage range for any job posted for people to apply to, whether internally or publicly. This is meant to make it easier for job applicants to know the compensation of the jobs they are applying for before they go through the effort of the application process.
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A new law, known as the Speak Out Act, will make it illegal for employers to put nondisclosure clauses or non-disparagement clauses in employment contracts. This will make it far harder for employers to silence employees who try to blow the whistle on labor or employment law violations. It will also limit the ability of employers to silence employees who are the victims of discrimination or harassment on the job.
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