Episodi
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Plus, Elon Musk's victory at the Fifth Circuit
With the November 5th elections right around the corner, employers and unions alike are girding themselves for what could be a very consequential outcome.In this, the 150th episode of Labor Relations Radio, labor attorney and returning guest Cary Burke joins host Peter List to discuss Elon Musk’s recent victory at the Fifth Circuit over an old tweet, as well as potential labor relations outcomes if Kamala Harris or Donald Trump win the presidency.
Other Labor Relations Episodes with Cary Burke:
Labor Relations Radio, E95—Seyfarth Shaw's Cary Burke on the 'retroactivity' of Cemex Bargaining Orders and moreLabor Relations Radio, E130—Attorney Cary Burke on a Potential Cemex Bargaining Order At Mercedes & 'Spying' on LinkedIn__________________________
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“It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self- organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.” — National Labor Relations Act
Labor attorney Alex MacDonald from Littler’s Workplace Policy Institute returns to the podcast to discuss his article The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions.
Read more of Alex’s writings at the Federalist Society here.
Labor Relations Radio E144—Alex MacDonald Explains How Unions' Right to"Exclusive Representation" May Be UnconstitutionalLabor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'LISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCAST
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Episodi mancanti?
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Millions of Americans' careers are on the line in this election. Yet, no one is talking about the War on Independent Contractors
Returning guest Kim Kavin, a freelance writer, editor and co-founder of Fight for Freelancers has a new Substack: FreelanceBusting.com.In this episode of Labor Relations Radio, Kim Kavin joins host Peter List to discuss where the battle against the freelance busters stands during this election cycle.
Be sure to subscribe to Kim’s Substack here.
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O'Brien has failed to lead his members, says Brock, a former Teamster-turned-consultant.
Is Sean O’Brien, the President of the International Brotherhood Teamsters, a “scab” for not endorsing Kamala Harris?Joe Brock is president of Reliant Labor Consultants and a former local president of a large Teamsters local.
In this episode of Labor Relations Radio, Joe returns to the podcast to explain why he believes Sean O’Brien has betrayed union principles by allowing the Teamsters’ non-endorsement.
Related:
Labor Relations Radio, E92—Former Teamster leader-turned-consultant Joe Brock on today's workplace issuesThis Breakdown Of Teamsters Locals Endorsing Harris Shows A Majority Of Members Supporting TrumpIf Unions Don't Want Members' Opinions, They Shouldn't Ask (Most Don't).LISTEN TO AND SUBSCRIBE TO THE YGTBFKM PODCAST
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Last Friday, the Biden-Harris administration—“the most pro-union administration in American history”—issued an Executive Order that overwhelmingly gives unions and unionized employers advantages in obtaining federal work.
In this episode of Labor Relations Radio, returning guest Ben Brubeck, vice president of regulatory, labor and state affairs for the Associated Builders & Contractors explains how this “gift to unions is discouraging for the overwhelming majority of the U.S. construction industry workforce—nearly 90%—that works for nonunion employers.”
Related:
ABC: Latest Biden-Harris Executive Order Panders to Unions, Harming 90% of Construction WorkforceLabor Relations Radio, E1–Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and moreLabor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and MoreLabor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship RulesGo here for all prior episodes of Labor Relations Radio
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A new study looks at the number of unionized employees, as opposed to employees who actually voted to unionize.
Did you know that more than 95 percent of unionized private-sector employees have never voted to be unionized?As Americans, every two, four, or six years, we head to polls to cast our ballots for who we want to represent us. For unionized workers in the private sector, the vast majority never voted to unionize.
According to a new study [in PDF] by the Institute for the American Worker (I4AW), 95 percent of private sector union workers under the National Labor Relations Act (NLRA) are represented by a union they have never voted for.
Analyzing four decades of data on union organizing elections shows that workplace democracy has worsened since the last such analysis, in 2016. In the past eight years, the percentage of private-sector union members who voted for their union has declined by more than a full percentage point—from 6% to 4.9%.
In this episode of Labor Relations Radio, I4AW’s President, F. Vincent Vernuccio returns to the podcast to explain I4AW’s new report.Related:
Labor Relations Radio, Ep. 2—Guest: F. Vincent Vernuccio of the Institute for American Workers
Labor Relations Radio, Ep. 43—The Institute for the American Worker's F. Vincent Vernuccio on Independent Contractors, Joint Employers & MoreGo here for all prior episodes of Labor Relations Radio
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A case with huge ramifications is making its way through the legal system.
Alex MacDonald, from Workplace Policy Institute, returns to Labor Relations Radio to discuss the filing of an amicus brief (for a writ of certiorari) with the U.S. Supreme Court for the Court to clarify a prior decision from 1984 that, if successful, could weaken a new form of "exclusive representation" for unions.Related:
An Amicus Brief Was Just Filed With The Supreme Court Asking The Court To Hear The Issue Of Exclusive Representation 'Schemes'Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment [in PDF]Go here for all prior episodes of Labor Relations Radio
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The Goldwater Institute's Vice President for Litigation explains the principles behind how Arizona just ended union "release time."
Whether or not taxpayers realize it, government unions use taxpayer funds to fund union business. This practice, known as “release time” or “official time,” drives up the cost of government and occurs at the local, state, and federal levels.In Arizona, however, the state’s Supreme Court recently struck down unions’ use of taxpayer money to fund union business.
In this episode of Labor Relations Radio, Jon Riches, the Vice President for Litigation for the Goldwater Institute, joins host Peter List to discuss the Arizona case and how it may apply to other states.
Related:
AZ Supreme Court Strikes Down Union ‘Release Time’ on Taxpayers’ DimeLabor Relations Radio, E104—Your Taxes Are Being Used To Fund Union Business: The Freedom Foundation's Maxford Nelsen explainsGo here for all prior episodes of Labor Relations Radio__________________________
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AI is not all the way through the industry yet, but it's coming faster than many realize.
As Artificial Intelligence (AI) becomes more prevalent across various industries, one industry that is not often included in the AI discussion in the construction industry.In this episode of Labor Relations Radio, Patrick Scarpati, Director of Construction Technology and Innovation for the Associated Builders and Contractors, joins host Peter List to discuss ABC’s new AI Resource Guide, the current uses of AI, as well as where AI may be headed.
As an added bonus: The outro for this episode was written and performed by AI for ABC. (😳)
Related:
Visit our AI @ Work section here.Visit our AI @ Work Library hereLabor Relations Radio, Ep. 1 –Guest: Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and moreLabor Relations Radio, Ep 11—Guest: Joe Perpiglia, ABC President of Eastern PA talks about union RCOs, sabotage and more...Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and MoreLabor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship RulesGo here for all prior episodes of Labor Relations Radio.
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Only months after the State of California required fast-food operators to raise the minimum wage from $16 to $20 per hour, the Service Employees International Union (SEIU) wants the minimum wage raised again.
In this episode of Labor Relations Radio, Tom Manzo, President of the California Business & Industrial Alliance joins host Peter List to discuss how unions are negatively impacting the state and driving businesses out.
California fast-food workers want another minimum wage increaseCalifornia labor takes a rare “L” in 2024Go here for all prior episodes of Labor Relations Radio
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Trader Joe's employees had barely three weeks to turn around an ambush election that had been plotted for months. Here's how they did it.
Within three weeks earlier this Spring, employees of a Trader Joe’s store in Chicago turned around an ambush election by Trader Joe’s United. They did so without help from their employer, and to the shock and dismay of the union’s leaders.Long-time Trader Joe’s employees, Nikki and Jose, explain what happened before and during the short window before their NLRB election.
Related:
Labor Relations Radio, E102—Unionized Trader Joe's Employees Explain the Efforts to Decertify Trader Joe's UnitedLabor Relations Radio, E83—Trader Joe’s Employees Speak Out About UnionizationLabor Relations Radio, E88—A Trader Joe's employee reveals union tactics that led to a union's loss.Trader Joe's union is not what we bargained forGo here for all prior episodes of Labor Relations Radio
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It's hard to keep up, but Nick Kalm and Peter List attempt to make sense of it all.
Returning guest Nick Kalm, CEO of Reputation Partners, rejoins the podcast to discuss the month’s political events and try to figure out which team has the advantage going into November.Prior Labor Relations Radio Episodes with Nick Kalm:
Labor Relations Radio, Ep. 9—Reputation Partners' CEO Nick Kalm On Attacks On Company BrandsLabor Relations Radio, Ep. 44—Guest Nick Kalm On Why The Mid-Term's 'Red Wave' Was Barely A RippleLabor Relations Radio, Ep. 45—Guests Nick Kalm and Haley Hartmann on Gen Z in the WorkplaceLabor Relations Radio, E80—Reputation Partners' Nick Kalm on Companies Destroying Their Brands: 'Stay In Your Lane.'Labor Relations Radio, E99—Do unions have an Anti-Israel problem? A conversation with Nick KalmLabor Relations Radio E119—A conversation with Nick Kalm on Chicago Politics, Immigration and the 2024 ElectionFor all prior episodes of Labor Relations Radio, go here.
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A deep-dive conversation into the question of whether unions' model of 'exclusive representation' is constitutional.
As unions have become more reliant on government largesse over the last few decades, putting their future fortunes into the hands of the government, the question of whether the Constitution’s First Amendment and its Freedom of Association apply to the concept of Exclusive Representation is called into question.In this episode, labor attorney Alex MacDonald, from Littler’s Workplace Policy Institute shares some of the details of his paper: Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment1 [in PDF]
Shorter: Union membership is now political. So can the government still require people to associate with a union?
For those interested in deeper-dive research on legal topics, the longer version (here) is strongly recommended.
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Since October 7th, there has been a significant rise in antisemitism on university campuses. Glenn Taubman explains how the National Right to Work Legal Defense Foundation is helping fight it.
Since October 7th, there has been a tremendous and overt rise of anti-semitism on college campuses across the U.S.In this episode of Labor Relations Radio, Glenn Taubman from the National Right to Work Legal Defense Foundation joins host Peter List to share what the Foundation is doing to assist and protect grad students, as well as others, against the onslaught of antisemitism in their unions.
Related:
To contact the National Right to Work Legal Defense Foundation, go here.U.S. House Committee Spotlights Need for Employee Protections Against Forced Funding of Extremist UnionsLabor Relations Radio, E132—Constitutional Attorney Jeffrey Schwab On A New Janus-Related Case With Potentially Sweeping RamificationsFor all prior episodes of Labor Relations Radio, go here.
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California is known for exporting its political ideas to the rest of the country. What can people expect if either Kamala Harris or Gavin Newsom occupies the Oval Office?
Trigger Warning: This episode discusses political issues currently going on in the U.S. and the State of California If political topics trigger you, please do not listen to this episode.
______________With political issues occupying the national conversation since President Joe Biden’s debate debacle, Will Swaim, president of the California Policy Center and co-host of National Review’s Radio Free California podcast, joins host Peter List to discuss current affairs and the potential replacement of Joe Biden by either current-Vice President Kamala Harris, or California Governor Gavin Newsom, and potential other contenders.
Follow Will Swaim on X (formerly Twitter) here.
Related:
Labor Relations Radio, E94—CPC's Will Swaim on California's Fast Food Council, Gov. Newsom's Presidential ambitions and much moreFor all prior episodes of Labor Relations Radio, go here.
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With last week’s decision in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court struck down a 40-year precedent called the Chevron Doctrine (or Deference).
This decision may have significant impact concerning how the National Labor Relations Board (and other federal agencies) conduct themselves moving forward.
In this episode of Labor Relations Radio, labor attorney Jim Paretti, Jr., a shareholder with the law firm Littler Mendelson, returns to the podcast to discuss what the reversal of the Chevron Doctrine means, as well as provides an update to the “Joint Employer Rule” that the NLRB issued last year.
Contact Jim Paretti, Jr. here.
Related:
Labor Relations Radio, E118: Michael Lotito Explains How A Supreme Court Case May Have A Huge Impact On Government AgenciesLabor Relations Radio, E79—Labor Attorney Jim Paretti discusses the NLRB's Atlanta Opera decision & its impact on Independent ContractorsFor all prior episodes of Labor Relations Radio, go here.
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Although they have been around for a long time, very few employees who are required to pay union fees as a condition of employment know of 'deauthorization' elections that are available to them.
Megann McManus (bio here) is a full-service traditional labor attorney at the law firm Husch Blackwell.Before becoming a lawyer, Megann majored in theatre and then worked for Actors’ Equity Association as a director in the human resources department. There, she gained a unique and valuable perspective as a manager for a labor union, and she quickly realized that the collective bargaining and contract management process happening behind the scenes was even more interesting than the drama on the stage.
Now, as an attorney working with employers, Ms. McManus has extensive experience in collective bargaining, grievance management, labor arbitration, and union-related litigation, including matters before the National Labor Relations Board (NLRB), as well as public sector litigation.
In this episode of Labor Relations Radio, Ms. McManus joins host Peter List to discuss the little-known subject of Deauthorization Elections, wherein private-sector workers in states without right-to-work laws can vote to ‘deauthorize’ required dues payments under a union security clause.
Follow Megann McManus on LinkedIn here.
Related: Labor Relations Radio, Ep 67—National Right To Work Foundation's Glenn Taubman On Employee Rights and Options
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From humble beginnings in the 1980s to a globally-known company that handles all manner of crises—from labor disputes to helping in natural disasters—AFIMAC Global just about does it all—from contingent workers and security to deploying and setting up camps with kitchens during natural disasters.
In this episode, AFIMAC Global’s President and CEO Joe Schollaert joins host Peter List to discuss the wide variety of services AFIMAC provides to its clients in North and South America, as well as Europe.
To contact AFIMAC Global, go here.
For all prior episodes of Labor Relations Radio, go here.
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Will a new lawsuit filed by NLRA-covered attorneys open Janus up to certain private-sector employers to being 'joint employers' with governments who use contractors? It depends.
Constitutional attorney Jeffrey Schwab from the Liberty Justice Center joins Labor Relations Radio to discuss a newly-filed case that, if successful, may open governments up to being “joint employers” with certain private-sector employers.Schwab, who is not a labor attorney, served as counsel for Mark Janus in Janus v. AFSCME, the landmark case in which the United States Supreme Court found that public employees could not be compelled to pay money to a union without their consent.
In this most recent case, Schwab is representing two public defenders who work for the publicly-funded Legal Aid Society in New York City and are required to pay agency fees to the Association of Legal Aid Attorneys (ALAA).
The plaintiffs argue that, even though the Legal Aid Society is a private employer under the National Labor Relations Act, since the City of New York funds the pay and benefits and “attaches conditions that, at least in part, exert control over how LAS spends funds received by the City, including, for example, approving bonuses,” the protections under Janus v. AFSCME from being compelled to pay agency fees to a union should apply to them as well.
Related:
Will A Lawsuit Over A Union's Alleged 'Anti-Semitism' Open The Door To Expanding Janus To The Private Sector?Legal Aid lawyers sue union, claiming that dues violate First AmendmentRead the lawsuit in full here__________________________
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Internationally recognized leadership consultant and CEO of the Parone Group, Irma Parone, joins the podcast to discuss her problem-solving techniques, as well as her book WINX: The Problem-Solving Model to Win Exponentially with Customers, Employees, & Your Bottom Line and her new book WINX for Employees: The Problem-Solving Model to Unlock Workplace Success.
To read more about Ms. Parone, view her bio here, or follow her on LinkedIn here.To contact Ms. Parone, visit the Parone Group website here.You can order her books on Amazon here.For all prior episodes of Labor Relations Radio, go here.
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