A blog of things I find interesting. Mostly revolving around unions, workers rights, politics, and too much of my amateur photography. I am a Michigan labor union staffer, MSU alum,and a politics junkie.

Posts Tagged: Labor Law

Venezuela’s new labor law “first in transition to socialism”

In what Venezuela’s government described as the “first law in the transition to socialism,” President Hugo Chavez has signed into law new comprehensive labor legislation. Hundreds of thousands of Venezuelans marched through the streets of Caracas on May 1, International Workers’ Day, to commemorate the signing of the historic document.

“The triumph of the people, of the workers, has never come about without a long process of resistance, of struggle, suffering even. This law, which I will have the honor of signing … is the product of a long process of struggle,” said President Chavez.

The legislation reduces the work week to 40 hours and seeks to abolish private sub-contracted labor in the country, which the state views as an exploitative practice and relic of neoliberal policies of the 1990s.

Women’s rights groups hailed the law as a big step forward for gender equity in the workplace by increasing post-natal maternity leave from 12 to 25 weeks and protecting new parents from dismissal for up to two years after the child’s birth.

One of the greatest victories cited by workers’ collectives is the reinstatement of specific workers’ rights dismantled by the Rafael Caldera administration under pressure from the International Monetary Fund and corporate interests in 1997.

Along with the reestablishment of the retirement bonus - a worker’s last monthly wage multiplied by their years of service - the new law requires that employers compensate workers who are unfairly dismissed, by an amount double their retirement bonus.

A government agency will be established to monitor employers’ compliance with the new law, which will be implemented in 12 months. Workers will now have the option of having their retirement processed in a private bank, a public bank, or the new state-owned national retirement fund.

Earlier this year, Chavez announced a 32.5 percent increase in the monthly minimum wage, to be carried out in two phases. The first phase took effect on May 1 with an increase from 1,548 bolivares ($360) to 1,780 bolivares ($413.90). On September, it will increase another 15 percent to 2,047 bolivares ($476).

Foreign Minister Nicolas Maduro called the labor law “an instrument for constructing the highest stage of socialism,” and contrasted it with the anti-worker laws that are being enacted in Spain where a quarter of the labor market is unemployed.

Venezuelan lawmakers began discussing labor reform nearly nine years ago, but it only gained momentum when Chavez promised to address the issue last November after receiving calls from workers’ groups to “revolutionize” current labor laws.

“We are re-affirming our willingness to … move on from capitalist relations of production, which condemn workers to exploitation, to socialist relations of production, which allow us to construct a new order of labor in freedom, solidarity and participation, with absolutely no exploitation,” said Pedro Eusse, general secretary of the Venezuelan Communist Party.

The government used grassroots institutions established by the Chavez administration over the past decade to collect input from a large cross-section of society. During the five-month consultation process with communal councils, trade unions, and political parties, the government received 19,000 proposals, 90 percent of them from workers themselves.
   
According to International Consulting Services, an international polling agency, over 80 percent of Venezuelans hold a positive view of the law, compared to 13 percent who do not. The new law replaces the original labor law that was enacted in 1936 amid rising tension between workers and foreign companies, an event which sparked the nation’s labor movement.

Some organizations have emphasized that the struggle continues and called on people to remain combative. Questions remain about the role of the informal sector, the strengthening of socialist workers’ councils, and the transfer of decision-making over management and production to workers.

From: People’s World

by: Pedro Conceicao

Federal Judge Finds Jimmy John's Guilty of Illegally Firing Whistleblowers in Sick Day Campaign

Long Delay in Legal Process Demonstrates Dysfunction of US Labor Law

Download the decision

MINNEAPOLIS- A federal judge has ordered Jimmy John’s to reinstate six workers fired by franchise owners Mike and Rob Mulligan over a year ago for blowing the whistle on company policies that expose customers to sandwiches made by sick workers. Jimmy John’s workers can be written up or fired if they take a day off without finding a substitute when they are sick. A union survey revealed that this policy, in conjunction with minimum-wage workers’ inability to afford to take a day off, result in an average of two workers making sandwiches while sick every day at the Minneapolis franchise of the chain. The judge’s ruling requires that Jimmy John’s reinstate the six workers with back pay within 14 days, but the employer could manipulate the appeal process to stall resolution of the case for several more years.

While the workers hail the judge’s ruling as a victory for whistleblower rights, they point out that justice delayed is justice denied. “It has already been over a year since we were illegally fired for telling the truth. For all the hard work and dedication of the NLRB’s civil servants, employers like Jimmy John’s prefer to break the law and drag cases through the courts for years rather than let workers exercise their right to win fair pay, sick days, and respect through union organization,” said Erik Forman, one of the fired workers, “The dysfunctional US labor law system gives Mike and Rob Mulligan and their cronies in the 1% carte blanche to trample on workers rights. Jimmy John’s workers, and the rest of the 99%, will only be able to win a better life by taking our fight from the courtroom back to the shopfloors and the streets.”

The story of the unionization effort at Jimmy John’s reads like a cautionary tale about the inefficacy of labor law in the United States. A majority of Jimmy John’s workers demanded union recognition in September 2010, primarily seeking a pay increase above minimum wage. In response, the company spent over $85,000 on a vicious anti-union campaign with the help of outside union-busting consultants. In spite of rampant illegal intimidation, the workers came within a hairs-breadth of victory in an 85-87 vote that the NLRB later threw out due to over 30 employer violations of federal labor law in the election period.

Ostensibly protected by an NLRB settlement agreement that required the employer to abide by the law, workers at Jimmy John’s then began campaigning for the right to call in sick and paid sick days in January 2011. Despite the clear risk to public health of workers making sandwiches while ill, franchise owners Mike and Rob Mulligan stonewalled employee requests for sick day policy reform for more than two months, prompting union supporters to take their message to the public by posting 3000 copies of a poster explaining that workers are forced to make sandwiches while sick. Mike and Rob Mulligan lashed out in retaliation, firing six workers and disciplining others. On the witness stand, Mike Mulligan admitted under oath that he had fired the six workers because he perceived them as the “leaders and developers” of a unionization effort. Mulligan’s credibility was further eroded when he testified to intentionally lying to the press about the franchise’s food safety record.

While Jimmy John’s has been able to exploit the weakness of US labor law to stomp on employee’s right to organize, workers vow to press forward with their campaign for fair pay, guaranteed hours, sick days, and respect and dignity in fast food.

The Jimmy Johns Workers Union, open to employees at the company nationwide, is affiliated with the Industrial Workers of the World labor union. Gaining prominence in recent years for organizing Starbucks workers, the IWW is a global union founded over a century ago for all working people.

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http://jimmyjohnsworkers.org | http://facebook.com/jimmyjohnsunion

Demand Station Casinos Play Fair

Hey -–

The staff at Station Casinos in Las Vegas need our help.

The billionaires and bankers who own the casinos are playing a dirty, downright illegal game of unionbusting. The company has been firing, threatening, interrogating, and spying on its pro-union employees.

I just sent an email to Station Casinos demanding a fair process to allow the workers to make their own decisions as to whether to choose a union without facing any interference, intimidation, or bullying from management.

Will you stand with the workers too?

http://act.americanrightsatwork.org/p/dia/action/public/?action_KEY=4245&track=20120424_adv_station_taf

Thanks!

Station Casinos are playing a dirty, downright illegal game of unionbusting. The company has been firing, threatening, interrogating, and spying on its pro-union employees.

Station Casinos has been found to have broken federal labor law 88 times, according to two NLRB Administrative Law Judges. That’s the largest number of unfair labor practices committed by a single employer in the history of Nevada gaming. (The company has of course appealed the judges’ recommended decisions.)

A tale of two systems: German Automakers and German Labor Law vs. American Automakers and US Labor Law.

A great article comparing US and German automakers. In Germany union density is higher, wages are higher, production is higher, and profits are higher. In Germany, companies are mandated to deal with workers (union or not) in “works councils” over various issues related to work life. The article also goes on to talk about how Germany automakers act completely different when operating in the “right to work” (for less) South, and take advantage of the US ideals on labor law by completely ignoring it.

The article also talks about how German automakers would probably not be as cooperative in Germany if the government allowed them to run all over workers.

This is a clear distinction between a big business country, and a country that has some aspects of democratic socialism. The government has a constitutional amendment that creates workers councils where workers and management work out issues in the workplace. The law also backs up unions from being busted by big companies. Because of these workers councils, strikes are rare.

Simply put, this is government actually looking out for the working class, and extending democracy into the work place. Councils like those in Germany are the type of thing that paves the way for workers democracy, and in turn, paves the way for socialism.

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On a side note, when I was talking to my cousin about how Germany had curbed massive unemployment during the worldwide recession by having some cut to 1/2 time or 3/4 time rather than a chunk of people being unemployed.  His response was “well that’s because they’re socialist”.  This of course was a negative by his views.  I don’t think Germany and Europe are truly socialist (social democratic is the better term), but they do have laws that help protect workers unlike the US where the law is weak and workers are crushed by corporate behemoths.

The fact that there is a constitutional law that mandates workers councils is pretty fucking awesome.  Ich liebe Deutschland!

Click the title link for the article.