Northwest labor press., July 18, 2014, Page 5, Image 5

...U.S. Supreme Court rulings impact labor unions
(From Page 1)
sense only to Illinois. But in what she
called “an overabundance of caution,”
Local 503 notified the State of Oregon
on July 14 to stop withholding agency
fees from non-members. Conroy did-
n’t disclose how many are in fair-share
status, but said “well over a majority”
of represented workers are members.
Dues are 1.7 percent of wages.
“We’re resolved that no court deci-
sion or right-wing attack is going to
stop us from continuing to advocate for
home care workers,” Conroy said.
Allen said AFSCME organizers, an-
ticipating the decision, have managed
to add 200 members in recent months,
raising membership from about 50 to
about 70 percent of those represented.
Dues for the group are $35 a month.
“A lot of providers we never had
one-on-one contact with, many of
them in rural areas,” Allen said. “We’re
out visiting those people who we
haven’t had an opportunity to meet, to
explain the value of union member-
ship.”
Conroy said the Harris v. Quinn
case is part of a right-wing strategy in
the courts to attack public sector
unions — “which is really in many
ways where the strength of the labor
movement is now, or at least where the
numbers are.”
“I think it’s incumbent on all of us
in the labor movement to not let these
attacks dissuade us from what we’re
here to do, and that’s to fight for eco-
nomic justice for all workers,” Conroy
said.
Compared to Harris v. Quinn, the
TO OUR FRIENDS IN THE
NORTHWEST LABOR COMMUNITY:
PLEASE HELP OUR BCTGM MEMBERS
LOCKED OUT BY KELLOGG’S
IN MEMPHIS, TENNESSEE!
Supreme Court’s decision in National
Labor Relations Board v. Noel Can-
ning will be a hassle, but not be the
calamity for labor that it was once
feared to be.
Starting in 2009, President Obama,
as federal law spells out, made nomi-
nations to fill vacancies on the five-
member National Labor Relations
Board, but Republicans used the U.S.
Senate’s undemocratic filibuster rule to
block confirmation of all the appoint-
ments in an open attempt to obstruct
the functioning of the Board, which ad-
judicates questions about the applica-
tion of labor law. When the Senate fails
to confirm nominees, presidents some-
times wait until they’re in recess, and
then make what are known as “recess
appointments.” But in January 2012,
Senate Republicans tried to prevent
that from happening by refusing to
consent to have the Senate gaveled into
recess. Instead they remained in a
sham session, holding proceedings
every three days at which no actual
business was conducted. Obama made
the appointments anyway, and justified
it arguing that Senate was in fact in re-
cess.
Enter Noel Canning, a Pepsi bottler
in Yakima, Washington, which lost an
unfair labor practice case filed by
Teamsters Local 760. Noel Canning
argued to the U.S. Court of Appeals
that the Board’s decision in its case
was invalid — because the board
members themselves were invalid,
since they hadn’t been legitimately ap-
pointed. The D.C. Circuit Court of Ap-
peals agreed (which is remarkable,
considering that two of the three fed-
eral justices were themselves Obama sion, NLRB Chairman Mark Gaston
recess appointments). For a time, Pearce said the agency is committed to
union leaders feared the case could re- resolving any cases affected by the de-
sult in the total end of the NLRB as a cision as expeditiously as possible.
One other Supreme Court decision,
functioning Board, if all its decisions
McCullen v. Coakley,
were held to be in-
could bolster union
valid. But in No- Basically, the
protest rights.
vember, the Senate
In McCullen v. Coak-
Democratic leader- Supreme Court
ship invoked the so- ruled that when the ley, the Court struck
down a Massachusetts
called “nuclear op-
tion,” using a U.S. Senate says it’s law barring individuals
from standing on a pub-
simple majority in session, it’s in
lic right of way or side-
vote to change the
walk within 35 feet of an
Senate’s filibuster session, even if
rule, for presidential that’s transparently abortion clinic. The law
was intended to prevent
appointments. Now
a ruse to prevent
clashes between anti-
it takes 51 votes,
abortion protesters and
not 41, to block a the president from
clinic patients and staff,
nomination. The making ‘recess
but it was found to be an
Senate proceeded to
unconstitutional restric-
confirm Obama’s appointments.’
tion on freedom of
NLRB appoint-
ments earlier this year, and the Board is speech. Mechanic said the court deci-
sion could be cited by labor attorneys
now at full strength.
On June 26, the Supreme Court up- in cases where union supporters face
held the Circuit Court’s Noel Canning restrictions to their protest rights.
decision in a 9-0 ruling. Basically, the Courts have sometimes interpreted
Supreme Court ruled that when the union pickets as “commercial” speech,
U.S. Senate says it’s in session, it’s in and haven’t accorded them the robust
session, even if that’s transparently a First Amendment protections that are
ruse to prevent the president from mak- accorded to political speech. Thus,
courts have upheld many restrictions
ing “recess appointments.”
In a way, the decision is moot, be- on union pickets at construction sites
cause the Senate solved the underlying and hospitals, ranging from which gate
problem. But for the NLRB, it will be a may be picketed to how many pick-
bureaucratic headache. It will have to eters may take part, to what the sign
sift through all decisions that took may say. Depending on the circum-
place when the three invalid recess ap- stances, McCullen v. Coakley could be
pointees were on the Board, and re-ad- another supporting citation to promote
First Amendment rights, Mechanic
judicate them.
In a statement reacting to the deci- said.
226 Bakery, Confectionery, Tobacco Workers and Grain Miller
(BCTGM) members have been illegally locked out of their jobs by
Kellogg’s since October 2013, as Kellogg’s tries to supplant good
family wage and benefit jobs with low wage/poor benefit jobs. The
NLRB has already ruled against Kellogg’s for this illegal lock out and
is seeking injunctive relief through Federal Courts.
“Recognizing that the (Court’s) legal action is likely to favor our
members and validate the position of the BCTGM, Kellogg’s is now
desperately trying to break the will of our members. Through
unwavering solidarity, courage, and sheer will, the members of Local
252G are still standing strong despite facing enormous personal and
financial hardship.”
BCTGM I NTERNATIONAL P RESIDENT D AVID D URKEE
Mesothelioma has a long
latency period. Asbestos
exposures from 40 or 50
years ago can cause
cancer. A detailed work
history is necessary to
reconstruct exposure
history on the job.
Please make a donation to the Local 252 Hardship (fund),
3035 Directors Row, Building A #1310,
Memphis, TN 38131-0417
All donations, however large or small, are appreciated.
(Please include that you are donating as a result of this NW Labor Press ad.)
In Solidarity,
Terry W. Lansing, Secretary Treasurer
Bakery, Confectionery, Tobacco Workers, & Grain Millers
International Union, Local 114, AFL-CIO
Portland, Oregon
For more information go to
www.kellogggreed.com
JULY 18, 2014
NORTHWEST LABOR PRESS
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