Over Half of Inflation is Due to Rise in Corporate Profits
Recent testimony in a Congressional hearing revealed that 54% of the increase in the costs of goods and services that is causing the high inflation rate is due to corporate profits, not supply chain issues, consumer demand, or the war in Ukraine. Corporate profits are at an all-time high reaching 2.53 trillion dollars just in the 2nd quarter of this year.
NLRB Revises Joint Employer Standard
The NLRB has issued its new joint employer standard. Under the new
standard, a company becomes a joint employer if it has direct
control over workers’ terms and conditions of employment. The Board
further clarified that this includes wages, benefits, hours of work,
scheduling, performance management, etc.
9th Circuit Court of Appeals Says Time Spent Booting Up Computer may be Compensable
The 9th Circuit Court of Appeals recently ruled that time spent booting
up computers by call center employees
is compensable under the
FLSA. The employer had argued that booting up the computer is a
“preliminary” activity for these workers and therefore not compensable under
the Act. The 9
th Circuit disagreed and said that booting up
the computer is an “integral and indispensable” part of the job and therefore should be
considered a “principle” work activity. Therefore, time spent by workers
booting up their computers
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About The Telecommunications Department:
Since its invention in the 1870’s, the telephone has become essential to our everyday life. Over the last 150 years, technology has revolutionized how we communicate with the rest of the world. Beginning in 1897 with the first local union of telephone operators, the IBEW has always been committed to servicing and advancing the telecommunications industry.
IBEW members are involved in all aspects of the field from telephone, to cable and satellite television, to wireless systems. Employees erect telephones lines, run lines into buildings, lay cables, install, maintain, and repair equipment, and service the community. As new means of communications are developed, they will continue to grow with the industry.
Through negotiated collective bargaining agreements with communications companies across the United States and Canada, the IBEW Telecommunications Department ensures that the rights of its 50,000 members are protected and that their interests are represented.It also helps strengthen local unions through training, research, and organizing.
NLRB Rules Employer Must Supply Subcontractor Agreements to the Union
The NLRB has issued an award in the DirectSat v. IBEW 21 case ruling in the Union’s favor. The award requires DirectSat to supply the Union will a “full, unredacted” copy of its contract with DirecTV (referred to as a “Home Service Provider” agreement). The Board said that because DirectSat made a proposal which referenced this Home Service Provider agreement, the Union was clearly entitled to it.
NLRB Overturns Union Organizing Win for Minor Voting Delay
In the attached unpublished NLRB ruling (Bronx Lobster v. Machinists), the Board overturned the majority vote of employees of Bronx Lobster who voted 14 to 12 to unionize. The rationale for setting aside the vote was that there was a 7 minute delay in opening the polls. There were 4 employees in the unit who didn’t vote. The Board ruled that even though there was absolutely no evidence that the delay caused any of these 4 not to vote, it still had the “potential” to “disenfranchise” these 4 employees. The Board used this to justify ruling against the union since had those 4 employees voted against the union, the employer would have prevailed. Interestingly, the Board Agent running the election was the one who caused the 7 minute delay.
NLRB Rules Union Does Have a Right to “Overscale” Wage Contracts
The Denver Musicians’ Association has a contract with the Colorado Symphony that allows individual musicians to negotiate a wage rate above the rates in the CBA. After an unsuccessful attempt to negotiate a higher wage with the employer, one of the musicians filed a complaint with the Union because she believed the employer’s offer was unfair and was less than wages being paid to other male musicians. The Union requested a copy of all “overscale” contracts from the employer. The employer refused on the basis that the Union waived its right to information because it agreed to allow individual employees to negotiate their own wages. The Board ruled that a waiver of any bargaining rights by the Union (which includes the right to information) must be “clear and unmistakable” and cannot be inferred because the Union waived its right to bargain “overscale” wages.