Kentucky Employment Lawyer Blog

According to The People's Law Dictionary, collusion is "where two persons (or business entities through their officers or other employees) enter into a deceitful agreement, usually secret, to defraud and/or gain an unfair advantage over a third party, competitors, consumers or those with whom they are negotiating." Allegedly this is what occurred recently in Louisville, Kentucky between a carhauling company, the Ford Louisville Assembly Plant, and the United Auto Workers (UAW). Earlier in 2012, Jack Cooper Transport, the company that had hauled new vehicles from the Ford plant since the early 1950s, was replaced by Voith Industrial Services. While hiring a new contractor to provide services is not illegal by any means, the way in which it occurred in this case appears to be questionable.

Teamsters 89, the union for the Jack Cooper Transport employees, claimed that 166 of their members were replaced by the new contract with other employees who were not with the Teamsters and were paid much less. The National Labor Relations Board (NLRB) determined that the new carhauling company - Voith - joined forces with the UAW to keep the higher-paid Teamsters from obtaining jobs under the new contract. On December 21, 2012, Voith was ordered to hire 85 of the displaced workers at their original pay rate, pay them lost wages, and nullify the deal with the UAW while a new contract is drawn up.

The National Labor Relations Act (NLRA) was originally passed in 1935 and was called the Wagner Act. It not only allowed employees to unionize, but also protected employees who participated in a union from discrimination. In 1947, the Taft-Hartley Act was passed. It set some boundaries for unions and established some regulations. Today's statute - The Labor Management Relations Act (LMRA) - is a combination of the NLRA and the Taft-Hartley Act, and is enforced by the Nation Labor Relations Board. Under the NLRA, employees can file a petition to unionize if 30 percent of employees support it. An election is then held, but actual unionization can be delayed by objections filed by the company or those wishing to unionize if either group thinks the election was unfair.

Continue reading "Kentucky Union Workers to Be Reinstated in Jobs after Collusion Ruling" »

Unions were created to protect the rights of American workers from those higher up who may not have their best interests in mind. Sometimes, however, the unions themselves can make bad decisions that end up negatively affecting a worker they are supposed to protect.

In 2008, Jon Stokes, who is African-American, was allegedly wrongfully terminated his job as shop steward at a construction site. He was immediately replaced with a white employee who had been on the job for only two months by the local plumber and pipefitters union. Stokes allegedly contacted union leaders regarding his termination being fueled by racism, but an investigation was never done. Because of this, the Division of Civil Rights filed a lawsuit.

An agent for the union said Stokes was terminated because people had complained he was too slow in filling their requests for materials, but the workers who had supposedly complained were never identified. Also, Stokes noted that he was never made aware of any issues before his termination.

Earlier this month, the union agreed to settle this matter with the Civil Rights Division. Several changes will be implemented because of this settlement. Union leaders will be required to attend training regarding civil rights law at the state and federal level. Policies that were previously lacking will be established, including how discrimination complaints should be reported and investigated. Anti-discrimination and harassment policies will be created and given to all union members.

While this settlement does not mean the union admitted any wrongdoing, the director of the Civil Rights Division was satisfied, saying "This is a fair resolution of some troubling allegations...It is vital that all employers strive to create a healthy workplace climate, and that every employee -- from the home office to the job site -- knows and understands the law."

Jon Stokes has filed a personal lawsuit against the union and it is still pending.

Continue reading "Plumbers Union Settles Racial Discrimination Lawsuit" »

As the Indiana legislature enters its final session for 2011, Republicans vowed to make their "right-to-work" bill the main focus of the session. This topic is very controversial and caused Democrats to leave the state for five weeks earlier this year to avoid voting on the issue. Both parties have differing views on whether or not it would be beneficial to Indiana employees to have their state become the twenty-third "right-to-work" state.

"Right-to-work" laws are passed on a state-per-state basis and allow individuals to be employed by a company that has union workers without joining the union. Members can opt out of paying membership dues but still reap the benefits of being part of a union. This option was given to each state in the U.S. by a portion the Taft-Hartley Act that essentially gives the states the power to decide whether employers can require employees to financially support the union. Non "right-to-work" states, such as Kentucky and Indiana can have so-called "union shops," or companies that require their employees to be union members and pay dues. Recently hired employees that are not union members have a set period of time to become members; otherwise they may forfeit their employment.

Supporters of the legislation believe potential Indiana jobs are being lost because employers prefer basing their businesses in "right-to-work" states that give employees the choice of joining unions. Gov. Mitch Daniels stated "We miss about a third of the opportunities because businesses want a state where this protection is provided to workers. In this tough economy, the state needs every edge it can get." Some employees object to paying dues to a union that may support political agendas that conflict with their own personal political beliefs. Others may not wish to join a union for personal reasons. In non "right-to-work" states, potential employees are denied this choice if they consider jobs at companies that require union membership and union financial support.

Opponents of "right-to-work" laws often call them "right-to-work-for-less" laws because they feel a union is weakened when all employees are not required to participate or contribute. Employees that do not pay dues are still allowed to use union services, including legal representation, which many feel takes away money that should be used to represent dues-paying union members seeking higher wages and improved workplace safety.

Continue reading "How Passage of a "Right-to-Work" Bill Would Affect Indiana Employees" »