Employers break labor law but get away with it

Bill Knight column for 7-13, 14 or 15, 2020

                       

Despite President Trump’s talk of “law and order” during a spring of pandemic and civil uprisings, U.S. labor relations suffer from such widespread lawlessness committed by unrepentant employers that labor law reform is desperately needed to maintain order.

About 30% of Unfair Labor Practice (ULP) charges analyzed by the Economic Policy Institute (EPI) were about employer improper surveillance, harassment or threats against workers. Some 30% involved allegations of illegal discipline, with one in five elections affected by charges of illegally firing workers for supporting unionization.

In its report, EPI showed that employers are bold in their efforts to prevent workers from their right to organize. Records of the National Labor Relations Board (NLRB), which is supposed to supervise private-sector labor rights and union elections, show that in more than 4 out of 10 union elections in 2016 and 2017, employers were charged with Unfair Labor Practices about sabotaging votes and illegally punishing pro-union workers.

EPI’s 17-page report shows that in union elections the NLRB oversaw in 2014-2017, 41.5% of employers were charged with violating federal law, 29.6% with illegally firing workers, 29.3% with illegally disciplining workers or changing their duties, and 29.2% with illegally threatening, coercing or retaliating.

The findings confirm a 2009 study by author Kate Bronfenbrenner, Director of Labor Education Research at Cornell University’s School of Industrial and Labor Relations, and they also suggest such anti-union schemes are increasing.

Bronfenbrenner had surveyed workers involved in unionization drives between 1999 and 2003 and found 57% of their employers had threatened to close the business if workers unionized, 47% threatened to cut wages or benefits; and 34% fired workers who supported unionization.

That’s all illegal. Other laws prohibit employers from interfering with labor organizing, threats of job loss or of shutting down companies if workers unionize, discriminating against workers due to union activity, refusing to reinstate workers to appropriate jobs after legal strikes, favoring scabs during a legal strike, demoting workers for circulating union petitions, closing one operation to fire workers but launching the same operation with other workers at another site, and punishing workers for filing Unfair Labor Practice charges.

EPI notes that charges often don’t result in NLRB complaints, which almost always are mild anyway. The Board usually orders lawbreakers to stop the illegal actions and maybe post a sign recognizing violations, or perhaps require companies to remedy the situation (which in the case of a union election means starting over). Very rarely does the NLRB use its power to impose injunctive relief.

Therefore, though the Board is supposed to act as the neutral arbiter of labor relations, it has little leverage over lawbreakers. If a company has acted illegally, the NLRB can’t even force it to pay damages except for back pay and reinstatement. Plus, the five-member NLRB now has three Republicans (William Emanuel, Marvin Kaplan and John Ring) and two vacancies.

Meanwhile, a majority of Americans support unions and collective bargaining, according to a recent poll from Morning Consult: 56% say they support labor unions, 77% support workers’ right to bargain collectively for pay, health care and other benefits, and hefty majorities of Democrats (86%) and Republicans (73%) back specific priorities like hours and working conditions.

Therefore, reform would probably be popular – and it’s alive. The bipartisan PRO (Protecting the Right to Organize) Act – introduced by Rep. Bobby Scott (D-Va.) and co-sponsored by 218 member of Congress – was approved by the House 224-194 in February. Five Republicans joined the Democratic majority: Reps. Brian Fitzpatrick (Pa.), John Katko (N.Y.), Chris Smith (N.J. – who originally introduced the measure in 2018), Jeff Van Drew (N.J.), and Don Young (Alaska). Nevertheless, Senate Majority Leader Mitch McConnell refuses to permit even debate on the bill.

“The PRO Act will help ensure that workers have a meaningful right to organize and bargain collectively by streamlining the process when workers form a union, bolstering workers’ chances of success at negotiating a first agreement, and holding employers accountable when they violate the law,” says the EPI report, written by Celine McNicholas, Margaret Poydock, Julia Wolfe, Ben Zipperer, Gordon Lafer, and Lola Loustaunau. “Indeed, the PRO Act addresses many of the tactics of aggressive employer opposition. This type of legislative reform is needed to restore workers’ rights to join together and bargain for a better life.

“However,” it continues. “policymakers must do more. They must prioritize a workers’ rights agenda and hold agencies responsible for enforcing worker protections accountable.”

Economic report not bad (yet)

Bill Knight column for 7-9, 10 or 11, 2020

           

The U.S. economy shows glimmers of improvement, but it also may be reversing course in what’s been a slow, meandering route to recovery.

Concerns: Recent good news is outdated, the pandemic is resurging, federal jobless aid is expiring this month, state and local governments are going broke, and – most startling – only about half of adults are employed, according to the Bureau of Labor Statistics (BLS).

Last week, BLS’ jobs report showed the unemployment rate “down” overall to 11.1%. But its survey ended June 12, weeks before the spike in infections that are causing states such as California, Florida and Texas to backtrack on reopening.

Also, “real-time” indicators such as retail traffic, credit-card purchases, and job listings seem to suggest a weakening economy.

“After recovering rapidly from mid-April through mid-June, the economy has shown signs of sputtering in the past two weeks,” wrote columnist Greg Ip in the Wall Street Journal.

Businesses claimed to have added 4.88 million jobs, but many are laid-off workers called back first and who could be first to be laid off again if states or employers have to repeat shutdowns.

Also, workers on temporary layoffs but still paid aren’t counted as jobless.

The Trump administration bragged about the statistics, but it might be too optimistic, mostly ignoring the pandemic and also the 2.1 million of “new” jobs being in restaurants, bars and hotels, which will be the most vulnerable to any new round of closures.

COVID-19 hasn’t faded nationally. The country on July 5 reported its 27^th straight day of record-high cases, and health experts worry about the lag between infections, hospitalizations and deaths.

As of June 27, 19.2 million Americans were receiving state unemployment benefits, according to a separate weekly government report, and federal data show that 1.4 million sought jobless benefits during that week, and 800,000 sought the extra aid from federal assistance. More than 1 million have filed for state jobless benefits weekly for months; the previous high was 695,000 in a 1982 recession.

“The June employment report showed the economy adding back 4.8 million jobs, following a gain of 2.7 million in May,” wrote economist Dean Baker of the Center for Economic and Policy Research. “This two-month gain leaves the economy down by just under 14.7 million jobs from its pre-pandemic level in February.”

Local and state governments lost 1.9 million jobs in April and May, and June’s net gains were a paltry 32,000. Providing federal aid to state and local governments has bipartisan support, but GOP leaders in the Senate say they don’t plan to address another pandemic-relief bill until late this month.

As to BLS reporting that just 54.6% of adults worked in June, that’s shown in the Employment-Population Ratio report (EPOP). It measures the percentage of Americans who are in the labor force – people who have jobs or are actively looking for work (except active-duty military personnel, the incarcerated or institutionalized). Its peak was 67.3%, in 2000, and it fell to 51.3% in April and 52.8% in May.

That’s different that unemployment figures, which record the percentage of people within the labor force not currently employed.

Together, they gauge economies’ health’ a high employment-population ratio plus a low jobless rate means a strong economy.

We’re not there; the crisis isn’t over.

So, Congress needs to promptly extend its enhanced unemployment assistance as soon as the Senate returns July 20 from its recess, and to renew the $600 checks to independent contractors. And COVID-19 must be fought better to let businesses rebound. Much remains unfinished.

Torsten Slok, chief economist for Deutsche Bank Securities, said, “To get the employment-to-population ratio back to where it was at its peak, we need to create 30 million jobs.”

Remembering ‘classic’ cinema aliens

Bill Knight column for July 6, 7 or 8, 2020       

           

This week 73 years ago, the Roswell Army Air Field in New Mexico issued a press release saying that its 509^th Operations Group had recovered a “flying disc” that had crashed nearby. Coming weeks after a pilot reported flying saucers near Mt. Rainier southeast of Tacoma, Wash., it fueled public interest – which Hollywood was happy to exploit.

Most know memorable movies about aliens, but many are relatively recent: “E.T.: The Extraterrestrial,” “Close Encounters of the Third Kind,” “Independence Day.” All spark feelings of exhilaration, fear or suspicion, emotions used by directors for decades, especially in the 1950s, when flying saucers and propaganda about Communist infiltration set the cultural tone as much as rock ‘n’ roll and Ike.

One extreme was the single-alien-tourist feature (“The Man Who Fell to Earth,” “Starman”), which showed more about Earthlings than extraterrestrials. The other extreme was the alien threat, from “Mars Attacks!” to “Killers from Space.” TV also had “UFO” (BBC), “The Invaders” (ABC), benign interstellar immigrants (“Alien Nation”) and ruthless visitors (“V”), plus comedies from “Mork & Mindy” to “Third Rock from The Sun.”

Some formula traits: Creatures come from a planet that’s dying; their technology is advanced; they can take over Earthling bodies; people come together against a common foe; and everything looks hopeless until some tactic emerges to help our planet prevail.

Humans discover not only that we’re not alone; we’re also puny-but-spunky.

Here’s a dozen overlooked alien “classics”:

“Adventures of Buckaroo Banzai” (1984). This cult favorite is sort of “Bruce Springsteen and The Temple of Doom,” as Peter Weller’s title character is a rock bandleader and adventurer, surgeon, test pilot and physicist who leads pals against invading nut-birds. The head nut is John Lithgow, who’s hilarious, with supporting roles from Christopher Lloyd and Jeff Goldblum.

“Alien” (1979). Ridley Scott’s film is part “monster movie.” After a space barge responds to a beacon, an ever-evolving intruder threatens their survival. It stars Sigourney Weaver, Yaphet Kotto, John Hurt and Ian Holm.

“The Day the Earth Stood Still” (1951). Better than the 2008 remake, this stars Michael Rennie as alien “messiah” Klaatu who (with mysterious robot Gort) offers his civilization’s wisdom about surviving technology. Only a kid, his mom and an oldster (Billy Gray, Patricia Neal and Sam Jaffe) pay attention.

“Earth Girls Are Easy” (1989). This comedy succeeds where “Space Invaders” and “Strange Intruders” failed. Three aliens (Jeff Goldbum, Jim Carrey and Damon Wayans) crash-land behind Valley Girl Geena Davis’ house and are introduced to modern LA.

“Earth Vs. The Flying Saucers” (1956). Special effects pioneer Ray Harryhausen enlivened this effort. Earthlings hear from space, misinterpret the message, resist cooperating, and follow military leaders eager for combat. Hugh Marlowe is a scientist who discovers the alien weakness: sound.

“Five Million Years to Earth” (1967). The best of four British “Quatermass” films, this has workers uncovering an ancient Martian spaceship and remains from insect-like occupants.

“Invaders from Mars” (1953 or 1986). Both versions of this stunner are suspenseful. A boy sees a flying saucer land outside town, his parents get nabbed, and no one believes him. Leif Erickson and Arthur Franz star in the original; Karen Black and Timothy Bottoms are in the remake.

“Invasion of The Body Snatchers” (1956, 1978, 1993 and 2007). Don Siegel’s ’56 version (with Kevin McCarthy) and Phil Kaufman’s next version (with Donald Sutherland) are terrific, as alien “pods” replace people with soulless flesh bags. It’s disturbing in explicit and implicit ways. “Invasion” (2007), starring Nicole Kidman and Daniel Craig, is derivative but worth seeing, but not Abel Ferrara’s 1993 attempt. (All are based on a short story by Knox College grad Jack Finney.)

“It Came from Outer Space” (1953). Ray Bradbury wrote the story for this chillier about aliens who crash in Arizona and inhabit Earthlings’ bodies/minds (so they can fix their ship undetected.) A scientist (Richard Carlson) realizes they pose no threat. Charles Drake and Barbara Rush co-star.

“They Live” (1988). From director John Carpenter, this offbeat thriller has an amusing subtext satirizing the status quo. Wrestler Roddy Piper is a drifter who stumbles across the presence of aliens disguised as leaders of government, industry and the media. A funny allegory for current times, it co-stars Meg Foster.

“This Island Earth” (1955). This thoughtful fantasy has scientist Jeff Morrow abducted under false pretenses to another world that needs his expertise to fight off a third, aggressive species.

“The War of The Worlds” (1953). Tom Cruise’s 2005 version is OK, but this George Pal production modernizing H.G. Wells’ story (like Orson Welles’ 1938 radio version) is excellent. Gene Barry’s a scientist who witnesses the crash of an object, then stays ahead of the invaders and their machines.