Ya Fired and other local news

Because the heartbeat of labor comes from local organizing and activity, it behooves us to always keep our eyes on the pulse of the worker movement. Some local news:

Trump Plaza loses appeal to stop dealers union:

Trump Plaza Hotel and Casino has lost its appeal to overturn the results of a spring election where more than two-thirds of dealers voted to join the United Auto Workers union.

Last Friday, a National Labor Relations Board judge declined to overturn the elections results, saying the casino had not met its burden of proof, the Press of Atlantic City reported in Wednesday newspapers.

Shortly after the spring election, the casino asked the NLRB to set aside election results, alleging that the union tainted conditions for a fair election.

The casino claimed that the UAW worked with government officials to falsely imply that the union was already their representative and that the labor board supported the union.

... In a six-page ruling, administrative law Judge Robert Giannasi said the rally didn't imply that it was the equivalent of a board certification of election results and that the casino didn't show that employees had a limited understanding of the role the NLRB plays in board elections.

... The UAW has sought to organize dealers at all 11 Atlantic City casinos this year, winning elections at Bally's Atlantic City, Trump Plaza and Caesars Atlantic City. It has lost elections at Atlantic City Hilton and Trump Marina Hotel Casino.

Basically, Trump was saying that the union misrepresented itself as having already represented the workers, and also accused Rep. Rob Andrews of tampering with the election when he held a rally where workers counted signed cards (that oh so insidious card check) saying they wanted a union. So which was it? Workers thought they were represented, or celebrated voting to be represented? Not even the corporatist NLRB could buy into that logic. On goes the march to unionize new industries and employees as the traditional base of union workers continue to have their jobs eliminated and the traditionally undercompensated service industry continues to grow.

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Feds OKs union election at FedEx in Wilmington (Mass):

In a victory for drivers in two Wilmington depots, the National Labor Relations Board's last week certified a vote taken by FedEx Home Delivery drivers took last October.

But it is unlikely FedEx will simply allow the union to take it’s place at the bargaining table anytime soon.

In last week’s ruling, the NLRB said in a release issued by that it agreed with drivers that they were not independent contractors as the package delivery service contend but, actually employees.

“Because the Teamsters do not have the best interest of our contractors in mind, we will continue to work with our contractors to protect their investments so they can run their businesses without third party interference,” said Maury Lane, a FedEx spokesman, in press reports.

Right. Obviously, unionized drivers are sooo much worse off. I mean, take this, for instance:

Currently, Fed Ex drivers are paid by the package delivered as opposed to UPS drivers who make approximately $26 an hour and $21 an hour for DHL drivers. Those union drivers also have significant benefit packages that include health plans and holiday and vacation time.

This is potentially huge, because FedEx has been fighting unionization for their 15,000 drivers for two decades. Imagine if the EFCA had passed last month... FedEx would be forced to negotiate or go to arbitration. For now, the hard work of fighting these vast disadvantages continues.

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Judge orders hotel to reinstate 'Rochester 19'

In a rare move, a federal judge has ordered the Holiday Inn Express to reinstate 19 workers fired just before Christmas and recognize and bargain with their union.
The workers, who've come to be known as the "Rochester 19" were fired when new owners took over the hotel and proclaimed their opposition to unions. UNITE HERE Local 21, which represented the hotel's workers for more than two decades, sought recognition by the new owners, CPMJ Enterprises, but was rejected.

On Tuesday, U.S. District Judge Michael Davis issued an injunction ordering the Holiday Inn Express to offer the 19 workers reinstatement to their jobs and ordering the hotel to recognize and bargain with Local 21. In doing so, Davis took advantage of a rarely used part of the National Labor Relations Act – the 10J injunction – to provide immediate protection when irreparable harm may occur.

In his ruling, Davis noted "substantial evidence demonstrating anti-union sentiment on the part of" the hotel owners.

Insert [but I did stay at a Holiday Inn Express last night] joke. By the way, Workday Minnesota is just about the best state-wide labor site in the country. While they concentrate on Minnesota issues, what happens there is a good representation of what is going on nationally.

Tomorrow I'm going to talk about the RESPECT Act. I just need to think of enough puns to do it properly.