In These Times

State affiliates prevail in recent arbitration decisions

After three day of hearing, an arbitrator has ruled that the North Carolina Association of Educators (NCAE) did not have just cause for termination of a member of the North Carolina Staff Organization (NCSO). The grievant will be made whole.

Arbitrator Linda Byars cited NCEA’s failure to follow its own progressive discipline policy and failure to provide adequate documentation to support the termination as reasons for her decision.

In another case, a Missouri Staff Organization (MSO) employee’s grievance was sustained by arbitrator Mark Suardi. The MSO member had been reprimanded, but Suardi ruled that there was no behavior that required discipline and found the testimony of MSO members to be more credible than that of the employer. The arbitrator also ordered all information leading to the discipline to be removed from the employer’s files.

In this case, there were two positive outcomes. As a result of the decision, several issues were resolved through the mediation process.

NLRB swears in Obama’s appointments amid controversy

The National Labor Relations Board (NLRB) swore in three new members this week, despite the continuing controversy over the legality of the appointments.

To bypass Senate confirmation, President Obama used recess appointments to name Democrat Richard Griffin, Democrat Sharon Block, and Republican Terrance Flynn to the Board. The appointments restore a Democratic majority and quorum to the Board.

Griffin was most recently general counsel of the International Union of Operating Engineers.
Block is a former Labor Department deputy assistant secretary for congressional affairs and Flynn was chief counsel to Republican Board member Brian Hayes.

Republicans are crying foul, claiming the appointments were illegal since technically the Senate was in recess. This week they launched an investigation into the appointments by requesting documents relative to the appointees’ qualifications and the president’s legal authority to make the appointments.

Obama acted quickly so the Board could function. The Board has a backlog of approximately 175 cases and could not rule on them without a quorum—lost with the expiration of Craig Becker’s term. The appointments also allow the Board to make new rules that impact union organizing and workplace policies.

Two recently passed NLRB rules have angered business groups and Republicans who fear they will give unions more power in the workplace—at employer’s expense. One rule effective April 30 speeds up union-organizing elections by making it harder for employers to use legal challenges to delay voting. The other rule requires companies to post notices informing workers of their rights to join a union. Business groups are suing to block this rule.

It really doesn’t come as any surprise then that in the current anti-union atmosphere, Republicans and corporations are fighting the appointments.

Hot Spots

• North Carolina – A Wake County Superior Court judge granted the North Carolina Association of Educators (NCAE) a temporary restraining order that blocks the recently-approved state law prohibiting the automatic deduction of dues from members’ paychecks. In a special 12:45 a.m. House session last week, Republican legislators maneuvered an override of Gov. Beverly Perdue’s veto of the original bill. The judge agreed that NCAE would suffer irreparable harm if the law had been enacted. There are Republican leaders who are unhappy with NCAE’s political and lobbying activities and the bill would serve as payback.
• Indiana – The push is on by Republican legislators and Gov. Mitch Daniels to turn Indiana into a right-to-work state (RTW). Hearings on HB 1001 and SB 269 began this week. If legislation passes, Indiana will become the 23rd right-to-work state and the first Midwest state with such a policy. To add insult to injury, Indiana has imposed a new limit on the number of people who can be in the state capitol at one time. Under the new limit, 3,000 people—which includes the 1,700 state employees who work there—can assemble at any given time. Michigan Republican legislators are watching the situation in their neighboring state carefully and also have RTW legislation ready to go.