Union Free Radio UNION FREE RADIO

Back-door card check is on its way this year, says Labor Relations Institute's Phil Wilson.
Last August (2021), the National Labor Relations Board's General Counsel, Jennifer A. Abruzzo, sent a lengthy memo to all NLRB regions seeking cases from its regions to submit specific types of cases to her for advice.

Among the many types of cases that General Counsel Abruzzo is seeking are cases which would lead to the imposition of what is known as "card check," which would eliminate most secret-ballot elections over the topic of unionization.
"Cases in which an employer refuses to recognize and bargain with a union where the union presents evidence of a card majority, but where the employer is unable to establish a good faith doubt as to majority status; specifically, where the employer refusing to recognize has either engaged in unfair labor practices or where the employer is unable to explain its reason for doubting majority status in rejecting the union’s demand. See Joy Silk Mills, Inc., 85 NLRB 1263 (1949)."
[See below under: Employer duty to recognize and/or bargain, on page 7.]

In this episode of Union Free Radio, host Peter List speaks with Phil Wilson of the Labor Relations Institute (LRI) about card check and a number of other labor relations issues employers are facing under the Biden NLRB.

Articles and Resources Mentioned On This Episode

NLRB GC - Mandatory Submissions To Advice | PDF
Joy Silk Mills v. National Labor Rel. Board, 185 F.2d 732
Why Labor Law Needs "Joy Silk" Bargaining Orders
The Scandalous Story Of How "Joy Silk" Disappeared From Labor Law
An Update on Labor Law Lite - by Brandon Magner

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The PRO Act being pushed by unions and their allies is a dangerously bad bill that threatens jobs, companies and America’s Free Enterprise system. Here’s why:
Unions and their Democratic Party allies–like the Democratic Socialists of America–are pushing Congress to enact the so-called “Protecting the Right to Organize Act,” which President Biden has vowed to sign.

The bill is a massive rewrite of U.S. labor and employment laws that threatens jobs and job creators, as well as the American Free Enterprise system.

In this episode of Union Free Radio, LaborUnionReport.com editor Peter List explains the top five reasons why the PRO Act is so bad.
Articles cited in this episode:

FACTS ABOUT THE SO-CALLED “PRO” ACT – PROActFacts.org
61% of Small Businesses Say PRO Act Will Destroy Their Business – Small Business Trends
It’s MAYDAY for the PRO Act!!, Democratic Socialists of America, Facebook Meet
PRO Act legislation threatens franchise small businesses
PRO Act for a Green New Deal – Workers and the World Unite
Sydney Ghazarian – KeyWiki
Counting the number of businesses in the United States


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A wide-ranging discussion with Ben Brubeck of the Associated Builders & Contractors (ABC), one of the largest trade associations for merit-shop construction contractors and their employees.

The Associated Builders and Contractors (ABC) is a national construction industry trade association representing more than 21,000 members, mostly small union-free contractors and their employees, with 69 chapters nationwide.

In this hour-long, wide-ranging discussion, Ben Brubeck, ABC's Vice President of Regulatory, Labor and State affairs, discusses ABC's position on a host of topics, such as vaccine mandates, infrastructure, Build Back Better, the Davis-Bacon Act, Project Labor Agreements, apprenticeship programs and more.

Click here for prior episodes of Union Free Radio.

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The NLRB is going to re-institute "Micro Units." Here's what you need to know...
Labor law in the United States (under the National Labor Relations Board) swings like a pendulum whenever the political party controlling the White House changes.

With the PRO Act stalled in Congress and President Biden vowing to be "the most pro-union President in American history," his appointees at the National Labor Relations Board are working full time to fulfill his vow, signaling a host of changes that will make it more difficult for employers and their employees to remain union-free.

One such change is the likely return to "micro units".

In this episode of Union Free Radio, host Peter List provides the definition to such labor relations concepts as "bargaining units," "community of interest," as well as the background to "micro units" and why they are bad for both employers and unions.

Articles and resources cited in this episode:

The Relevance of Coherence | Joseph Raz
NLRB Invites Briefs Regarding Appropriate Bargaining Units | Dec. 7, 2021
Definition: Bargaining unit | Legal Information Institute
Definition: Community of Interest Law and Legal Definition | USLegal.com
29 CFR § 103.30 - Appropriate bargaining units in the health care industry. | Legal Information Institute
What's Appropriate: The NLRB Overturns Specialty Healthcare | Littler Mendelson P.C.
National Labor Relations Board to decide whether labor organizers can use ‘micro union’ targets [2011]
Divide, Conquer & Destroy: NLRB Region Unleashes Micro-Unit On Retailer [2012]
Bergdorf Goodman Sales Associates From Separate Shoe Departments Lacked Community of Interest: NLRB | Practical Law
Employer business establishments in the U.S. 2019, by employment size | Statista
More Starbucks stores file for unionization over the past two weeks


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Unions and their allies are calling the Kellogg strike a "win." But, is it?
The 11-week Kellogg strike is over. However, while the union movement is calling it a "win," some strikers and some reporters are questioning whether the strike was, in fact, a "win" or a failure.

In this last episode of Union Free Radio for 2021, host Peter List walks listeners through the main-reported issues of the strike, as well as how much strikers potentially lost.


Articles and resources cited in this episode:

Kellogg strike ends as members ratify new contract | | wnem.com
Kellogg’s Strike Ends: BCTGM Members Ratify New Contract
Kellogg's Threatened To Replace Strikers. That Doesn't Mean It Will Work. | HuffPost Impact
Details of Kellogg Final Offer [in PDF]
Statement by President Joe Biden On Kellogg Collective Bargaining Negotiations | The White House
Some Battle Creek Kellogg workers feel betrayed by new union deal
Voting closes on concessions contract at Kellogg’s, while union uses divide-and-conquer tactics to break strike - World Socialist Web Site
Labor Board v. Mackay Radio & Telegraph Co. :: 304 U.S. 333 (1938) | Justia US Supreme Court Center
‘Death of 1,000 cuts’: Kellogg’s workers on why they’re striking | Business | The Guardian
Kellogg to permanently replace striking workers as union rejects new contract | Financial Post

BCTGM Kellogg’s Members Reject Tentative Agreement; Strike Continues
Employees reject tentative agreement; Kellogg focuses on continuing operations - Dec 7, 2021
Big raises in store for U.S. workers in 2022, report says - The Washington Post

Kellogg's workers reject deal; strike continues for now
Twinkies Maker Will Close After Strike - ABC News
Have Twinkies Killed the Union Movement?
'Financially, this is a really scary moment': Kellogg employees enter

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Despite the fact that over 90% of employees in unions today never voted to unionize, unions spend millions of dollars bankrolling union organizers and politicians to put more people into unions.


However, there are very few resources for employees to learn how to kick an unwanted union out of their workplace---and employers are legally forbidden to help them.


In this episode of Union Free Radio, in addition to providing listeners a step-by-step "how-to" guide to decertify unions, host Peter List walks listeners through the decertification process and some of the legal terminology---from Election Bars and Contract Bars to Blocking Charges---that is important for employees to understand if they are interested in decertification.

"If you say you believe in the Freedom of Association or the right to join a particular organization (like a group, a social club, a political party, or a union), you’ve also got to believe in its concomitant, which is the Freedom to Disassociate from that organization." List states. "If you don’t, you’re nothing more than a hypocrite."


Articles and resources cited in this episode: For other episodes of Union Free Radio, click here.

WARNING: This is for employees only. This is NOT for management

Unelected Representatives: 94 percent of Union Members Never Voted for a Union
Mountaire employees ask for vote to disband union at Delaware plant
ExxonMobil shares details about coming union vote
How can I resign my union membership? - National Right to Work Foundation
NLRB's Basic Guide To The National Labor Relations Act
KickMyUnionOut.com | Is the Timing Right?
KickMyUnionOut.com | Steps To Decertifying A Union
Sample Decertification Form


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