Tuesday, June 21, 2022

Apple becomes the latest national retailer to succumb to the union wave


Workers at the Towson, Maryland, Apple Store made history by becoming the first such store to vote to unionize. It wasn't close, with 65 "yes" votes and 33 "no" votes (12 eligible employees failed to cast a vote). Apple joins Starbucks, Amazon, and REI as major national retailers bit by the union bug, with petitions pending a myriad more Starbucks outposts, other Amazon facilities and Apple Stores, and other retailers such Trader Joe's and Target. In other words, the union wave is becoming a tsunami.

If you're wondering what's fueling this historic drive to organize, the Department of Labor thinks it has some answers.

The DOL believes it all comes down to employees demanding a voice.


Monday, June 20, 2022

The 8th nominee for the “Worst Employer of 2022” is … Vince McMahon


Over the years (for now former) WWE Chairman and CEO Vince McMahon has been accused of some awful treatment of employees. For starters, wrestling's first ever female referee accused him of rape after she refused to perform fellatio on him. And then there was 1994's criminal trial in which the United States accused McMahon of supplying illegal steroids to wrestlers. (For the record, McMahon was exonerated of both allegations.) These allegations don't include others of mistreatment of wrestlers, such as allegedly allowing for the unsafe working conditions that led to the in-ring death of Owen Hart, or not providing wrestlers health insurance because they are classified as independent contractors and not as employees.

But it's the allegations against Mr. McMahon that The Wall Street Journal brought to light last week that has earned him his nomination as the Worst Employer of 2022.

Friday, June 17, 2022

WIRTW #630: the “just like heaven” edition


I love sharing clips of my daughter playing music. It's made for such a cool catalogue of her growth as an artist over the years. So, here's a snippet of her cover of The Cure's Just Like Heaven from her show a couple of weekends ago. 


Norah has quite the busy summer of music with gigs all over Northeast Ohio (and maybe even a gig or two outside of Ohio). Stay tuned for more clips as the summer progresses.

Here's what I read this past week that I think you should be reading, too.

Thursday, June 16, 2022

The 7th nominee for the “Worst Employer of 2022” is … the murder enabler


"It is with a deep sadness and a heavy heart I share one of our students, Riley Whitelaw, passed away over the weekend. Currently, we are unable to share additional information."

That was the introduction from a letter Air Academy HS Principal Dan Olson sent to students last week.

As you can imagine, the "additional information" is heartbreaking.

Riley Whitelaw, age 16, worked at a local Walgreens. According to KKTV 11 News, last year she told store managers that a coworker, Joshua Johnson (age 28), was making advances towards her that made her uncomfortable. On June 11 a manager discovered Ms. Whitelaw dead on the floor of the breakroom with neck injuries and covered in blood. Johnson is currently in custody on first-degree murder charges.

Wednesday, June 15, 2022

Making threats vs. stating facts during union organizing


"Just know that if you unionize, when you are negotiating your benefits, you could gain, you could lose, or you could stay the same."

This is what Neha Cremin, a transgender and pro-union Starbucks worker, claims her manager told her. She alleges in her unfair labor practice charge with the National Labor Relations Board that the statement was an anti-union threat. How? 

1/ The company's health insurance covers gender reassignment surgery (include travel expenses) and other gender-affirming procedures such as hair transplants or breast reduction.

2/ Cremin's manager knew that she had previously used those benefits. 

3/ Therefore, mentioning the possibility of losing benefits during collective bargaining was a threat to take away trans health benefits after a union victory.

The manager's statement was not unlawful under the National Labor Relations Act, no matter how Cremin interpreted it or is attempting to spin it in her unfair labor practice charge.

Tuesday, June 14, 2022

Ohio decides arming teachers is the solution to mass shootings in schools; Ohio is very wrong


Yesterday, Ohio Governor Mike DeWine signed a new law that will lower the training hours school personnel to be armed from about 700 hours to a mere 24 hours — four for scenario-based training plus 20 for first-aid training, school-shooting history eduction, and reunification education.

This law is the worst possible idea to solve our gun violence and school shooting epidemic. Here are six reasons why.

Monday, June 13, 2022

LGBTQ+ rights vs. religious liberty


"It's an abomination to God. Rainbow is not meant to be displayed as a sign for sexual gender."

That's what Daniel Snyder wrote on the electronic bulletin board of his employer, Arconic. According to the Des Moines Register and Snyder's recently filed lawsuit, it's also what got him fired.

Friday, June 10, 2022

WIRTW #629: the “podcast appearance” edition


Earlier this week I had the pleasure of appearing on the Decision Vision podcast. The topic of discussion: "Should I allow my company to unionize?"

In an answer that should surprise absolutely no one who's been reading along, my answer is a firm, "No."

Part of my reasoning is that I do not believe unions continue to provide a necessary and valuable service for the employees they represent.


You can listen to the full interview here, or wherever you get your podcasts.

While we're talking about podcasts, please don't forget to listen to this week's episode of The Norah and Dad Show, available on Apple Podcasts, Google Podcasts, Spotify, Overcast, Stitcher, our website, and everywhere else podcasts are available. We discuss fructose malabsorption, the end of Norah's school year, her first gig of a very busy summer of music, Mexican food, sewer tweets, memes for Jesus, and Frustoseaid 88. 

Here's what I read this past week that I think you should be reading, too.

Wednesday, June 8, 2022

Can you legally close a facility in response to unionization?


Almost two months to the day that workers at the College Ave. Starbucks location in Ithaca, New York, voted to unionize, the coffee conglomerate announced its intent to close the store on June 10. Employees claim that the closure was in retaliation for unionization and a post-vote wildcat strike over an overflowed grease trap.

In a tweet, Starbucks stated that the decision to close that store was not "easy" and that it was based on "many factors." The store's workers allege in an NLRB unfair labor practice charge that the only "factor" is illegal retaliation.

Do the employees have an argument? Can a company close a facility in response to unionization? Not surprisingly, it depends.

Tuesday, June 7, 2022

The 6th nominee for the “Worst Employer of 2022” is … the sexual harassment ignorer


All of the following allegedly happened during the mere five weeks that Hannah Navarro worked at a Pratville, Alabama, Chipotle restaurant.

  • On Navarro's first day of employment, Nick Baker, the store's general manager, said that she could sit on his lap.
  • A few days later Baker told Navarro that she could be his "boo." He then grabbed her arm when she told him that she had a boyfriend and declined.
  • Baker (along with other male employees) would pass around pictures of female employees (including Navarro), visit their social media accounts, and make open comments about their bodies at work.

Monday, June 6, 2022

Surveilling your employee’s online activity to out union supporters is illegal … like, really, really illegal


Elon Musk. The name itself evokes a visceral reaction. Electric car visionary. Astronaut wannabe. Opponent of remote work. Potential Twitter owner. Failed SNL host. 

And, according to CNBC, Musk is also a spy, illegally surveilling his employees' online activities during a 2017 and 2018 union organizing drive at one of Tesla's factories.

Friday, June 3, 2022

WIRTW #628: the “summer tour” edition


Outdoor music season is beginning here in Northeast Ohio, which means that my daughter has a bunch of shows booked for the summer … starting this coming Sunday from 4 - 6 pm at Crocker Park.

You’ll find all of the specifics for all of the shows, including locations and, when available, performance times at norahmariemusic.com. Please stop by and say hello.

Here's what I read this past week that I think you should be reading, too.

Thursday, June 2, 2022

Mere "discouragement" is enough to state an FMLA interference claim, federal appeals court holds


"You've taken serious amounts of FMLA … don't take any more FMLA. If you do so, you will be disciplined."

That's what Salvatore Ziccarelli, a corrections officer with the Cook County Sheriff's Office suffering from PTSD, claimed that the FMLA manager, Wylola Shinnawi, told him upon expressing his intent to enter an eight-week in-patient treatment program. 

Based on that conversation (the substance of which Shinnawi disputed), Ziccarelli decided to retire … and sue his employer and Shinnawi for FMLA interference.

Wednesday, June 1, 2022

Do you know? Unfair labor practice strikes


Workers who recently organized a Peoria, Illinois, Starbucks walked off the job on a recent Saturday in protest of alleged unfair labor practice committed by their employer at the store. The strike lasted a half-day and there are reports of similar strikes at other stores around the country.

Week.com quotes one employee on the picket line, Jon Gill, "Starbucks is breaking the law. Starbucks is retaliating against us, and if we do not organize ourselves to fight back, then we are showing Starbucks that we are allowing them to break the law."

Tuesday, May 31, 2022

Union yes? Employees, be careful what you wish for.


On Jan. 7, Great Lakes Coffee Roasting in Detroit temporarily closed following a Covid outbreak that sidelined nine employees. It never reopened, and now it's closed permanently.

What happened? A labor union happened.

Friday, May 27, 2022

WIRTW #627: the “you’re 16” edition


Everyone please wish my smart, compassionate, talented, beautiful, kick-ass daughter a happy 16th birthday!!!
Here's what I read this past week that I think you should read, too.

Thursday, May 26, 2022

Explaining the “Golden Age of Union Organizing”


Unions aren't just having a moment, they are having their best moment in at least 50 years.

  • What has caused the "perfect storm" of union organizing that employers are currently experiencing?
  • How have the White House's policies impacted unionization and collective bargaining?
  • What explains the trend of smaller, "in-house" unions, such as those seen at Starbucks and Amazon?
  • How should employers assess their labor strategies in response to these changes?

This week, I joined the ProjectHR Podcast to discuss The Golden Age of Union Organizing, the forces that are helping to cause it, and how employers should be responding and reacting.

Here's a preview of what you'll hear in the episode.


You can listen to the entire episode here, or wherever you get your podcasts.

Wednesday, May 25, 2022

Breaches of confidentiality during internal investigations chill future reports of workplace misconduct


"Nothing you share will be attributed to you and your feedback will remain anonymous."

That's what an HR consultant advised employees of BrewDog prior to their participation in an anonymous workplace culture review of the international brewing company.

Kate Bernot reports at Good Beer Hunting, however, that at least one former employee who participated discovered that her personal information was provided to company leadership.
Charlotte Cook says her name and details of conversations about her time at BrewDog—which focused on workplace safety, problems with human resources, and the circumstances under which she left the company—were provided by [HR consultant] Wiser to BrewDog without her knowledge or consent.

Tuesday, May 24, 2022

Court upholds termination of employee for off-duty Facebook posts critical of Black Lives Matter


"Black lives" matter causes segregation. Have you ever hear[d] of "white lives" matter or "[J]ewish" lives matter[?] No. Equal opportunity.
That's what Heather McVey posted to her personal Facebook account in the wake of George Floyd's murder and the ensuing Black Lives Matter protests.

An administrator of the hospital at which McVey worked as a nurse discovered her post, and, following an investigation the hospital fired her. Its stated reason was that "she posted on her social media a clearly racist dog whistle post, which was inconsistent with the vision and the mission and the core values of AtlantiCare."

Monday, May 23, 2022

Federal court holds that the NLRB doesn’t have a sense of humor


On June 6, 2019, unionized employees of Vox Media, a left-leaning digital media company, walked off the job during union contract negotiations. That same day, Ben Domenech, executive officer of FDRLST Media and publisher of The Federalist (which is the direct opposite of left-leaning), posted this tweet from his personal Twitter account: "FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine."

Following the filing of an unfair labor practice charge by someone with absolutely no relationship with FDRLST Media (employment or otherwise), the NLRB concluded that Domenech's tweet violated employees' rights to unionize or otherwise engage in protected concerted activity, agreeing with the administrative law judge that the tweet was an "obvious threat" that "working conditions would worsen or employee benefits would be jeopardized if employees attempted to unionize."