The Left of Boom Show

Michael VanDervort
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Welcome to the Left of Boom Show, your go-to space for transforming businesses into exceptional workplaces! We're here to empower leaders and HR professionals with actionable insights, advice, and stories from top leadership, labor relations, and labor law experts.

  1. 6d ago

    Who's In Charge of Labor Law? States, Sectoral Bargaining and Federal Preemption

    For most of the last century, labor law meant federal law: one system, applied the same way whether the dispute was in Sacramento or Syracuse. Alex MacDonald, co-chair of Littler Mendelson's Workplace Policy Institute (WPI), joins Phil Wilson to explain why that assumption no longer holds, and why the shift from Washington to the states is accelerating faster than most employers realize. MacDonald walks through the legal architecture that made federal preemption durable under the National Labor Relations Act (NLRA): the Garmon and Machinists doctrines, and Section 301 of the Labor Management Reporting Act (LMRA), decades of case law that turned labor relations into what he calls "a net of things" rather than a single rule. That foundation is exactly why so many labor lawyers, MacDonald included, dismissed the first wave of state labor peace agreements (LPAs) as legally unserious. Years later, with LPA requirements now baked into cannabis licensing in more than a dozen states and actively being litigated in New Jersey, California, and Oregon, that dismissal looks premature. The conversation's centers on sectoral bargaining, the industry-wide model now law in Massachusetts and California for rideshare drivers, with Illinois close behind. MacDonald breaks down how these statutes route around NLRA preemption by never using the word "bargaining," and how low the certification thresholds are once you account for who counts as an "active" worker. He then previews the Harvard model legislation that would extend this framework well past gig work into any industry, sketching a path through Section 14(c)(2) of the NLRA that could eventually pull sectoral bargaining into industries the NLRA already covers. If you work in labor relations and haven't been tracking the state-level shift, this is the fastest way to catch up on where the fight is heading next. Key Takeaways:Federal labor preemption rests on three overlapping doctrines — Garmon, Machinists, and Section 301 of the LMRA — that together made labor relations a near-exclusively federal subject for most of the 20th century.Labor peace agreements started as narrow, proprietary-interest exceptions (public construction projects) but have expanded dramatically through cannabis licensing, where the "proprietary interest" argument is legally shakier and now being tested in court.New Jersey's federal district court recently found the state's cannabis LPA requirement preempted; Oregon's is on appeal; California's went the other way on a separate "unclean hands" theory the state has since abandoned on appeal.Massachusetts and California have legalized sectoral bargaining for rideshare drivers by routing around NLRA preemption — regulators adopt union-negotiated terms as industry regulation rather than calling it a contract.Certification thresholds in these laws are strikingly low: Massachusetts requires signatures from just 25% of "active" drivers (drivers above the median ride count), meaning as little as 12.5% of the full driver population can trigger union certification with no election at all.A Harvard-drafted model bill would generalize this sectoral framework across any industry, requiring as few as 1,000 signatures to certify a bargaining representative regardless of industry size — and includes a "heavy version" allowing a state board to impose contract terms when negotiations stall.Section 14(c)(2) of the NLRA gives the Board discretion to decline jurisdiction when it finds no meaningful effect on interstate commerce — a mechanism labor law scholars argue could let a future, sympathetic Board defer to comprehensive state sectoral laws, effectively extending this model into NLRA-covered industries. Chapters:[00:02] Welcome and Introductions Phil welcomes Alex MacDonald to the show. [00:29] Meet Alex MacDonald and the Workplace Policy Institute MacDonald's path from the U.S. Postal Service's Office of General Counsel to co-chairing WPI at Littler Mendelson, and WPI's shift from a DC-focused to a state-and-local-focused practice. [02:59] A Short History of Federal Labor Preemption From the Clayton Act and Norris-LaGuardia through the Wagner Act — why labor law has been a top-down, federal creation from the start. [08:04] The Three Doctrines: Garmon, Machinists, and Section 301 Breaking down the legal "net" that made labor relations a near-exclusively federal subject. [13:19] What Is a Labor Peace Agreement? The basic mechanics of an LPA and its roots in public construction project labor agreements. [19:01] The Cannabis Industry LPA Explosion Why LPA requirements became standard practice in state cannabis licensing — and why nobody challenged them until recently. [24:31] New Jersey, Oregon, and the "Control Alt Destroy" Case Recent litigation outcomes, including the district of New Jersey's preemption ruling and California's "unclean hands" detour. [28:42] Sectoral Bargaining Arrives: Massachusetts and Gig Workers How Massachusetts and California built rideshare regulatory frameworks specifically designed to avoid the word "bargaining" — and avoid NLRA preemption. [35:56] The Math Behind the Thresholds Why "active driver" definitions and low turnout mean a small fraction of workers can determine representation for everyone. [40:51] The Harvard Model: Sectoral Bargaining for Every Industry The Harvard Center for Labor and a Just Economy's proposal to generalize sectoral bargaining well beyond gig work. [46:01] The "Heavy Version": Board-Imposed Contracts How the model legislation's stronger form lets a state board dictate contract terms when negotiations stall — and its relationship to the Faster Labor Contracts Act. [48:19] Section 14(c)(2) and the Path Into NLRA-Covered Industries Why this obscure jurisdictional provision could eventually let sectoral bargaining reach industries the NLRA already covers. [51:05] Where to Find WPI How to follow the Workplace Policy Institute's newsletter and Alex MacDonald's work.

  2. Aug 31

    The Labor Relations Research Edge

    From SEIU Organizer to Employer-Side ResearcherNancy Jowske spent a decade as a union organizer for the Service Employees International Union (SEIU) before crossing to the employer side, where she has done research work almost exclusively for LRI for the past several years. How The Research Practice GrewPhil and Nancy trace how her practice grew from a single client's site reports into full industry and regional analysis, and walk through what that research actually involves: cleaning messy National Labor Relations Board (NLRB) filings and duplicate contracts, digging through Facebook pages and union websites, and reading LM-2 reports for what they really show. What the Research Process Looks LikeNancy skips total revenue and goes straight to dues and per-capita income, because that's a union's actual business, and flags a common trick: counting retirees as members to make declining unions look like they're growing. She talks about diving deep into OLMS data as the starting point, along with grounding herself in industry knowledge to be effective. What The Data Can RevealShe shares a favorite find, a North Carolina organizing campaign secretly led by a professor who took a job at the worksite specifically to run it, and a less dramatic but more telling pattern: Union wages in manufacturing and warehouse work have lagged non-union wages during recent inflation, the opposite outcome of what most people would expect. Why the Data Matters for Employers and WorkersThe episode closes on why the work matters. For employers, it means not assuming who's really behind a picket line. For workers, it means holding unions to the same transparency any member would expect from an institution they're paying into. Key takeawaysResearch grows from raw questions ("should I worry about this location?") into a repeatable process once the underlying data is cleaned and structured.NLRB and Department of Labor filings are messy by default: duplicate petitions, refiled contracts, and inconsistent union names all have to be sorted out before the numbers mean anything.LM-2 reports reward reading past the headline figures: dues revenue, real membership counts, and where organizing costs get buried in representational spending tell the real story.Contract press releases and LM-2 filings routinely diverge from what unions publicly claim.Union wages have not consistently outpaced non-union wages during recent inflation, despite the narrativeGood research protects employers from bad assumptions and gives union members the transparency they're owed Sound BitesResearch reveals truths that contracts often hide.Data integrity is crucial for accurate insights.Informed workers make better decisions. Chapters00:00 Introduction to Nancy Jowske and the episode's focus 02:02 Nancy's background in union organizing and research 04:02 The evolution of research from site reports to industry analysis 06:56 Common triggers for research projects in labor relations 10:00 Data collection methods and tools used in research 13:02 Challenges in analyzing union contracts and reports 16:00 The importance of data cleaning and verification 20:03 What to look for in LM2 reports and union financials 23:00 Uncovering hidden issues and anomalies in union data 27:00 Notable findings and surprising discoveries in research 30:03 The significance of accurate research for workers and employers 34:06 The future of labor research and transparency 35:03 Closing thoughts on the importance of truthful information

  3. Jul 20

    Fixing Bad Leadership with Accountability

    Episode SummaryIn this episode of the Left of Boom Show, Natalie Parker shares insights on leadership, accountability, navigating AI in organizations, and creating meaningful work environments. She discusses practical tips for leaders to foster trust, purpose, and high-quality conversations with their teams. "Mutual accountability fosters trust and high performance." — Natalie Parker Key TakeawaysIntentionality in leadership is a game changer.Mutual accountability fosters trust and high performance. AI can be a tool for empowerment when approached with trust.Leadership is about how you make people feel, not just what they do.Clear expectations and ongoing conversations prevent failure.Leaders should define their legacy and impact.Creating space for authentic relationships enhances engagement. Chapters[0.00] Introduction to Natalie Parker [3.04] Navigating Leadership Challenges in a Post-COVID World [5.55] The Importance of Accountability in Leadership [9.02] Personal Experiences Shaping Leadership Philosophy [12.00] Creating Healthy Work Environments [14.58] The Role of Intentionality in Leadership [18.02] Defining Success and Accountability [20.52] Building Mutual Accountability [24.12] Acts of Leadership Beyond the Workplace [26.59] The Impact of Meaningful Work [30.09] Final Thoughts on Leadership and Legacy Resource LinksWebsite: thenatalieparker.comBlog: thenatalieparker.com/blogTEDx Talk: YouTubePodcast — So Your Boss Sucks, Now What?: Apple Podcasts

  4. Jun 10

    The Faster Labor Contracts Act - What Employers Need to Know

    Could the Faster Labor Contracts Act fundamentally change how first-time union contracts are negotiated in America? In this episode of The Left of Boom Show, Phil Wilson is joined by labor relations veteran Dave Sapenoff for a discussion on legislation that could dramatically shorten bargaining timelines and replace negotiations with mandatory mediation and binding arbitration. Explaining the Faster Labor Contracts ActThey explain how the proposal would require newly organized employers and unions to begin bargaining almost immediately, allow only a limited window to negotiate a first contract, and ultimately place the terms of wages, benefits, scheduling, overtime, and other working conditions into the hands of arbitrators if no agreement is reached. Phil and Dave examine why first contracts typically take well over a year to negotiate, the unintended consequences of forcing the process into a 90-day timeline, and why both employers and employees could lose control over the final outcome. Drawing on decades of experience, Dave shares real-world bargaining examples demonstrating how arbitration could dramatically increase labor costs and potentially threaten the viability of businesses operating in competitive industries. The episode also explores the current political landscape, why this proposal may have a greater chance of advancing than previous efforts, and what employers can do now to educate leadership and engage policymakers before it's too late. In this episode you'll learn: How the Faster Labor Contracts Act would change first-contract negotiationsWhy mandatory arbitration could eliminate employee ratification votesThe risks of compressed bargaining timelinesHow arbitrators could determine wages, benefits, and work rulesReal-world examples of the financial impact on employersWhy the proposal could accelerate union organizing campaignsPractical steps employers can take to prepare and respond Whether you're an HR leader, labor relations professional, executive, or business owner, this episode explains one of the most significant labor policy proposals currently under discussion and why its implications deserve your attention. [00:00] Introduction to the Faster Labor Contracts Act [01:00] Provisions and Mechanical Changes in Labor Negotiations: [03:30] Implications for First-Time Agreements and Arbitration [06:20] Potential Risks and Unintended Consequences [09:57] Impact on Arbitration and Management Strategies [15:00] Case Studies and Real-World Examples [19:40]Political Landscape and How to Respond [26:45] What Employers Can Do Now [30:04] Final Thoughts and Call to Action

  5. Jun 8

    The Seven Red Flags of Collective Bargaining

    In this episode of the Left of Boom Show, host Phil Wilson sits down with Doug Hessinger aka "Data Doug", a veteran labor and employee relations professional with over two decades of experience across retail, distribution, and financial tech services. Hessinger draws on his time as a labor relations department of one, managing six represented units across the US and Canada, to share hard-won lessons on contract administration, building relationships with union reps and frontline supervisors, and spotting the contract clauses most likely to cause headaches down the road. Whether you're new to a unionized environment or a seasoned pro, this episode is packed with practical, real-world guidance. Topics 00:03 -- Introduction to Labor Relations and Contract Administration 02:14 -- Navigating Unionized Environments 06:05 -- Building Relationships with Unions and Management 11:52 -- Understanding Contract Language and Administration 13:17 -- Common Pitfalls in Contract Management 17:38 -- The Importance of Proactive Communication 24:35 -- Red Flag Clauses to Watch Out For 33:53 -- Key Takeaways for Labor Relations Professionals

  6. Jun 2

    The Art of Negotiation: How To Effectively Manage A Union Shop

    Managing the Union ShopEvery supervisor conversation, grievance response, and contract interpretation happening on your shop floor today is shaping the outcome of your next union contract negotiations Dave Sapenoff spent seven years organizing for the Teamsters before crossing to the management side and spending three decades running labor relations for Sprint Communications across 35 collective bargaining agreements in 18 states. Now he consults full-time through LRI Consulting Services. Phil Wilson and Dave discuss effective collective bargaining negotiations, workplace relationship, managing in a union shop and what most employers get wrong between negotiations. What Causes Strikes and How to Prepare for ThemA strike is the result of a failure to prepare. Dave explains how an employer's ability to take a job action shapes everything about how they bargain, why first contracts come loaded with unrealistic expectations, and how union responsibility or the lack of it determines whether those expectations ever get tempered. Managing Union Expectations Between ContractsHostility toward the union is self-defeating. Dave walks through why being firm, predictable, and consistent matters more than being friendly, and why doing what the contract says, not what you think is seems fair is the foundation of an honest bargaining relationship. Training Supervisors to Handle Grievances and Steward ConversationsNinety percent of the time the first conversation shouldn't involve the steward at all. Dave breaks down the difference between a grievance and a gripe, why supervisors need to reach for the contract instead of taking allegations at face value, and why admitting a mistake and moving on is almost always the right call. Avoiding Past Practices Through Management ConsistencyInconsistent responses across supervisors are how grievance backlogs get built. Dave makes the case for cross-functional communication, regular staff meeting check-ins on what's coming up from the floor, and why predictability is the single best defense against a union looking to exploit the gaps. Fractional Labor Relations for Mid-Market Employers Most companies don't have a labor relations department and never will. Dave, who frequently fills the role of fractional labor relations advisor explains how fractional support works in practice from basic grievance calls to sitting first chair at the table during negotiations. Chapters00:00 | Introduction to Labor Relations and Dave Sapenoff 02:37 | What Causes Strikes and How to Prepare for Them 07:31 | Managing Union Expectations Between Contracts 16:22 | Training Supervisors to Handle Grievances and Steward Conversations 21:56 | Avoiding Past Practices Through Management Consistency 27:54 | Fractional Labor Relations for Mid-Market Employers

  7. May 27

    Healthcare Labor Disputes and Bargaining Challenges

    Left of Boom Show — Episode DescriptionGrant Pecor has been in healthcare bargaining long enough to know when a dispute is heading somewhere bad. He heads the labor relations group at Miller Canfield in Detroit, and he's currently eight months into a nursing strike that shows no signs of resolving. Phil sits down with him to work through what actually happens at the table and what employers keep getting wrong. The State of Healthcare Labor Relations Pandemic burnout, a nursing shortage that predates COVID, and inter-union competition between the Teamsters and established healthcare unions have created some of the most volatile bargaining conditions Grant has seen. He explains why healthcare remains the single hottest organizing target in the country right now. Inside an Active StrikeGrant breaks down how a Teamsters unit treating a hospital negotiation like a UPS contract collided with a new ownership group trying to reset institutional norms. He gets specific: staffing ratio demands that look like worker protections but create operational traps, call-in abuse patterns embedded in unit culture, and what happens when a union digs in so deep there's nothing left to offer. What Employers Miss at the TableRatification failures, the politics of helping a union save face, and the difference between what employees actually want and what their union is pushing. Grant's framework for separating real employee issues from agenda items wearing a disguise is worth the listen on its own. The Organizing Landscape Post-COVIDThe Starbucks wave is cooling. Higher ed and skilled trades are still active. Grant walks through where organizing is getting traction, why, and what the "bully model" tells employers about their actual exposure. The Faster Contracts ActWhy putting a deadline on collective bargaining doesn't fix the problem. It just hands one side more leverage. Chapters 00:00 | Introduction to Grant Pecor and His Background 01:43 | The State of Healthcare Labor Relations 04:38 | Bargaining Dynamics in Healthcare 09:25 | Challenges in Healthcare Strikes 14:21 | Union Dynamics and Employee Relations 19:06 | Navigating Negotiation Politics 21:18 | Navigating Labor Relations and Bargaining Challenges 25:09 | The Evolving Organizing Environment Post-COVID 30:48 | Unions: Promises vs. Reality 34:46 | The Impact of Legislation on Bargaining Processes

  8. Mar 9

    Living Left of Boom: Where Do We Go From Here?

    In this final episode, Michael VanDervort and Phil Wilson reflect on the key lesson of the Next 52 Weeks series: rebuilding your workplace culture after a union campaign is not a one-time project. The first year is critical, but the work of maintaining a healthy workplace never stops. They discuss the importance of continuously checking in with employees, developing frontline supervisors, and reinforcing a strong direct relationship between leaders and their teams. Culture must be sustained through habits, leadership development, and accountability to survive turnover and changing business conditions. The episode concludes with a reminder that the principles discussed throughout the series are not just about responding to organizing activity. They are about building and maintaining an extraordinary workplace over the long term. Takeaways This is not a one-step program.You want to create a great place to work.The Next 52 weeks are a key time to get things right.You can't let it die down.You have to be constantly assessing your culture.Earning the privilege of direct relationships is crucial.It's easy to take your eye off the ball after improvements.Culture is about how we act toward each other.This is a way to live your life and build your company. Chapters 00:00 Introduction to the Wrap-Up Episode 01:19 Key Takeaways from the Series 03:29 Continuous Improvement in Workplace Culture 06:23 Assessing Employee Sentiment 08:25 Building Lasting Relationships with Employees 10:00 Sustaining Cultural Change Beyond Leadership 12:23 Creating a Legacy of Culture 14:19 Final Thoughts on Extraordinary Workplaces

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About

Welcome to the Left of Boom Show, your go-to space for transforming businesses into exceptional workplaces! We're here to empower leaders and HR professionals with actionable insights, advice, and stories from top leadership, labor relations, and labor law experts.

Information

  • Creator
    Michael VanDervort
  • Years Active
    2024 - 2026
  • Episodes
    52
  • Rating
    Clean
  • Copyright
    © Copyright 2024 Labor Relations Institute
  • Show Website
    The Left of Boom Show