Posts Tagged ‘unions’

Are events in Wisconsin part of a union busting initiative?

Tuesday, March 8th, 2011

Later this month, we will mark the 100 year anniversary of New York’s horrific Triangle Shirtwaist Fire, an event that claimed the lives of 146 garment workers – young girls and women – who had been locked in the sweatshop to prevent theft. Most died in stairwells, jumping down the single elevator shaft, or by hurtling themselves from 9th story windows in desperate attempts to escape the fire. PBS recently ran a special on this disaster. (If you missed it, you can watch online: Triangle Fire). My colleague Jon Coppelman has also written about the fire in his post The Original “No Exit”.
This fire was a watershed event that galvanized the nation. It occurred in an era where there were no regulations or labor protections. Workers often worked 12 hour shifts, 7 days a week. There were no child labor laws or safety mandates. Ironically, the day before the Triangle Fire, New York courts had struck down the state’s first compulsory workers compensation law as unconstitutional.
This tragedy, along with some of the horrific mine disasters that resulted in wholesale loss of life, were catalysts which led to the enactment of various worker protections – including statutory workers’ compensation.
Meanwhile, today in Wisconsin …
We think this bit of history is an important backdrop to what’s going on in Wisconsin today.
Wisconsin has the distinction of being the first state in the union to have enacted a workers’ compensation law that survived legal challenge in May of 1911. In fact, the state of Wisconsin has a long, storied and sometimes bloody history of being on the front lines for worker rights. Workers and labor unions were in the forefront of the fight for the 8-hour day and the 40-hour work week. In 1932, Wisconsin was the first state to enact unemployment compensation.
To any who know this history, it comes as no surprise that, once again, Wisconsin is on the front lines in the battle for labor’s future.
It’s the budget, stupid – or is it?
The ostensible issue, according to Governor Walker, is that the state of Wisconsin is broke and a large part of the problem lies with overly generous benefit packages of public workers – teachers, prison guards and the like – which are said to be crippling the state. He called on unions to do their part and to make a sacrifice for the greater good.
All that might be well and good. The unions have indicated their willingness to take a financial haircut. But the part of Governor Walker’s Budget Repair Bill that is going over somewhat less well is a call for the elimination of collective bargaining — and therein lies the rub.
With a Republican majority in Wisconsin’s House and Senate, the bill was all but a given until the Democratic senate contingent fled the state to prevent a vote. Since that time, there have been massive protests over three weeks and the so-called Fab 14 remain holed up in un-named Illinois’ hotels. And there has been no shortage of drama in this story: an embarrassing and revelatory 20-minute prank call to Governor Walker from an impersonator of corporate financier David Koch; and a sheriff’s refusal to play the role of “palace guard”, among other things.
Part of national union busting agenda?
Critics of Walker’s Budget Repair Bill say that the issue is not about budget balancing or overly generous benefits, but an ideological push to eliminate or curtail public unions – in a phrase, union busting. Opponents say that this is a corporate-funded campaign to eliminate public unions in Wisconsin and other states, and to privatize many institutions that are currently staffed by public workers. No less a staunch Republican than former Congressman and now host of MSNBC’s “Morning Joe” program, Joe Scarborough, has publicly called Governor Walker’s actions, “Un-American.”
In Wisconsin, suspicions are high because Koch enterprises funded a large part of Walkers gubernatorial campaign. The fact that the budget bill contains a provision authorizing Walker to conduct no-bid sales of some state properties also heightens suspicion. Many are troubled by his plans for privatization of some public services. In his prior role as Milwaukee County Executive, Walker also used budget emergency as a justification for privatizing security guards, a move that proved less than successful.
Other states have also embarked on this path: Ohio may be making more headway in curtailing unions. In Indiana, Democratic legislators have followed Wisconsin’s lead and left the state to postpone a vote. In Rhode Island, nearly 2000 teachers have been dismissed. Other states may be contemplating similar measures, although some may be a bit shy of action given the shifting public sentiment, which favors retention of collective bargaining and has given Walker a black eye – to a point where voters say they would not elect him again if they had a do-over. (see Wisconsin Public Research, Rasmussen, USA Today/Gallup, Public Policy Polling and various other polls. )
It’s uncertain what will happen in the next chapters, but we will be watching. It is clear this is another watershed point in labor history, a public policy fork in the road, perhaps the beginning of the end of the movement that was propelled into mainstream America by that terrible fire 100 years ago. While polling indicates that sentiment is currently on the side of the teachers in this dispute, the future of public unions is under serious threat. Is the role of unions obsolete? Has the public dialogue achieved an equilibrium between the rights of workers and those of management?
At Lynch Ryan, we have great respect for unions, which have historically played a critical check-and-balance role in labor-management power dynamics. They have also been in the forefront of the fight for worker safety and other worker protections. We also admire and respect many employers we have been privileged to work for who are perceptive and wise enough to manage their companies so well that unions are not needed. We’d like to say that all employers are this enlightened and do not need union checks and balances to do the right thing, but unfortunately our experience tells us that this is not always the case.

Cavalcade of Risk #123 and assorted news notes from the blogosphere

Wednesday, January 26th, 2011

Get your biweekly fix of risk: Cavalcade of Risk #123: High-Yield Edition is now posted at The Notwithstanding Blog. There’s an eclectic roundup of posts and you might take the time to visit the host blog too – our blogger is a Canadian med student studying here in the U.S., and posts “tales from medical school, health policy analysis, critiques of the academic medical zeitgeist, and the occasional bonus Canadiana.”
Misclassification in Maine – analysts in the Maine Labor Department estimate that tax losses to the state resulting from misclassification could be as high as $36 million a year. As in many other states, lawmakers had been looking at establishing guidelines and rules for independent contractors. Newly elected Governor Paul LePage abolished the state’s misclassification task force that had been working on this initiative, stating that he would be introducing legislation based on the federal definition.
Union Demographics – Jeffrey Hirsch of Workplace Prof Blog gives us the latest report on union density for 2010: “Overall union density went down from 12.3% to 11.9%; in the private sector, union density went down from 7.2% to 6.9%, and in the public sector, it went from 37.4% to 36.2%.” See more detail at his post.
Vote for Workers’ Comp Notable People – Lexis Nexis announced the finalists in its Workers’ Comp Notable People 2010 – check it out and vote for your favorites. Voters can select two individuals from each of the three categories. The voting period runs from January 23, 2011 through February 4, 2011. Click here to join and vote in the LinkedIn Work Comp Analysis Group.
Food industryWorkersCompensation.com features an in-depth federal report on Injuries, Illnesses, And Fatalities In Food Manufacturing In 2008, which notes that “Workers in food manufacturing are more likely to be fatally injured and experience nonfatal injuries and illnesses than workers in private industry as a whole. Food manufacturing workers are also much more likely to suffer an injury requiring job transfer or restriction than one that requires days away from work.”
Underwriters – After reading an article on disappearing jobs, Jared Wade of Risk Management Monitor considers whether insurance underwriters are an endangered species now that technology can crunch the numbers.
Sign of changing times? – Roberto Ceniceros discusses how some of the large carriers are letting business walk rather than price it too low. With the combined ratio moving up, many industry analysts have stated that underwriting will make the difference between profit and loss and it appears that some insurers are taking heed.
Technology – Some workers comp insurers are adopting self-reporting options for payroll reporting for employers.
Quick takes

Cavalcade of Risk & workers comp news briefs

Wednesday, January 12th, 2011

It’s Cavalcade of Risk week and issue #122 is hosted by our friend David Williams at Health Business Blog – check it out!
Industry pulse – Good news. Robert Hartwig of the Insurance Information Institute takes the pulse of the property casualty industry and sees signs of life: Insurance Industry On The Mend. “Mr. Hartwig said in comparison to all of 2009, the industry’s 2010 third-quarter results are close to all of the prior years. While the industry is not back to where it was prior to the economic downturn in 2007 when it reported property and casualty net income of $62.5 billion, it is performing significantly better than the worst of the downturn in 2008 when p&c income came in at slightly more than $3 billion.”
That’s good news, but it’s not time to break out the champagne yet. A.M. Best forecasts downward rating pressure for the commercial market and two new reports indicate that reinsurance prices should remain soft in 2011.
Physician dispensed drugs – If you are an employer or an insurer and this topic isn’t yet on your radar, it needs to be. Joe Paduda posts about recent NCCI report on physician-dispensed drugs in workers comp, a significant growth area that NCCI says is putting upward pressure on WC costs. California took steps to regulate the practice a few years ago after learning that repackaged costs were two to twelve times higher than the fee schedule.
Labor – The New York Times reports that cash-strapped states are looking to curb labor unions. Expect a flurry of legislative initiatives to limit the power of labor unions representing government employees. While both parties are wrestling with ways to keep state budgets in line, the article notes:
“But in some cases — mostly in states with Republican governors and Republican statehouse majorities — officials are seeking more far-reaching, structural changes that would weaken the bargaining power and political influence of unions, including private sector ones.”
Prevention works – A concerted campaign to reduce textile service worker injuries is working, according to the recently released annual TRSA Textile Services Industry Safety Report. Recordable injuries and illnesses dropped by 17 percent from 2008 to the 2009, and have dropped by 50% since 2005. Sandy Smith reports on SafeTRSA, an industry-wide safety initiative to improve worker safety through awareness, education and training.
Breast cancer & comp – At Comp Time, Roberto Ceniceros discusses City of Las Vegas v. Lawson. The Nevada Supreme Court ruled that a firefighter is entitled to a presumption that her breast cancer arose from her on-the-job exposure to benzene. His post also discusses male breast cancer.
Dramatic Australia flood footage – Office workers catch footage of a modest creek turning into a raging torrent sweeping cars away. More news and dramatic videos of the cataclysmic Australian flooding is available on MSNBC. At least 16 people are reported dead and more than 90 missing in what has been likened to an inland tsunami. Brisbane is under siege. You can follow breaking news on Twitter at #Brisbane.

Cavalcade of Risk and an assortment of workers’ comp news briefs

Wednesday, January 27th, 2010

It’s Cavalcade of Risk day – visit the bi-weekly roundup of posts about risk, graciously hosted this week at Wenchy’s Place – check out this week’s edition and wish the hostess a happy birthday while there.
In other workers’ comp-related news:
Medical costs and WC – Joe Paduda explains why you should expect work comp medical costs to be heading up over at Managed Care Matters. He points to one of the primary problems: “Misaligned incentives for work comp managed care programs, and payers’ increased reliance on managed care program revenue and profits.”
Moving violationsU.S. bans truckers, bus drivers from texting. The National Safety Council estimates that at least 1.6 million crashes are caused each year by drivers using cell phones and texting. The NSC has called for a total ban all cell phone use and texting while driving. Here’s a good site to bookmark since cell phone and texting laws have been changing frequently in response to safety reports: State cell phone and texting while driving laws. It’s maintained by the Governors Highway Safety Association.
More on marijuana – Should pot provided as a work comp medical benefit? Roberto Ceniceros talks about a California
marijuana ruling
at Comp Time. Meanwhile, the CA Supreme Court nixed limits on medical marijuana and the Los Angeles City Council voted to close hundreds of dispensaries that have sprung up.
Global risk – Before you open that branch office in Somalia, you may want to take a look at Emily Holbrook’s posting on Risk Monitor: the most hazardous countries for business.
P/C Forecast – What’s in store for the property-casualty industry in 2010? Ernst & Young offer a 2010 U.S. industry outlook. (PDF)
Comp Case Law Over at LexisNexis WC Law Blog, Larson’s Case Law Developments offers their picks for The Top 10 Workers’ Compensation Cases of 2009.
Union censusWorkplace Prof Blog reports on a Department of Labor report which shows that the union density rate was essentially unchanged in 2009 – 12.3% vs 12.4% in 2008. Among private sector employees, the rate dropped to 7.2% from the 2008 rate of 7.6%. Also of note from the report: “The data also show the median usual weekly earnings of full-time wage and salary union members were $908 per week, compared to $710 for workers not represented by unions. Union members earn 28 percent more than their non-union counterparts.”
Quickies

Cavalcade of Risk, dereriorating market, breast cancer, labor unions, and more

Thursday, September 10th, 2009

Cavalcade of Risk #87 is brought to you from the land down under – Andrew of Australia’s OzRisk is this week’s host – check it out!
Deterioration in Work Comp market – In his blog Comp Time, Roberto Ceniceros discusses a grim recent A.M. Best report pointing to deteriorating conditions in the workers comp industry. “According to Best’s composite, consisting of 103 insurers, net premiums written plunged 30% from a high of $20.9 billion in 2004. Insurers also experienced underwriting losses of $1.2 billion in 2007 and $1.5 billion in 2008. Best expects challenging conditions for insurers to continue well into 2010.” Ceniceros also cites other recent reports and economic indicators in his post. Related: Joe Paduda of Managed Care Matters offers his thoughts on the workers comp industry’s fading fortunes. He notes a few positives in the offing: some brokers and agents are expecting the pricing war to taper off, investment returns look to be recovering somewhat, and health reform might relieve cost-shifting.
NIOSH – HHS Secretary Kathleen Sebelius recently announced that John Howard, M.D. has been named new Director of National Institute for Occupational Safety and Health (NIOSH). Dr. Howard served as NIOSH director from 2002 through 2008. He also served as coordinator of HHS’ World Trade Center Health Programs from 2006 to 2008. Laura Walter of EHS Today talks about the ASSE and AIHA favorable reaction to Howard’s reappointment.
Night shift work linked to breast cancer – The BBC reports that the Danish government has begun paying compensation to women who have developed breast cancer after long spells working nights. Authorities acted in response to a study by the International Agency for Research on Cancer (IARC), an arm of the UN’s World Health Organisation. The IARC, which studies and ranks cancer risks, ranks night shift work just below asbestos as a probable cause of cancer. This ranking was based on various studies and reports linking cancer to night shift work hours, including a study published in the Journal of the National Cancer Institute which showed a 36% greater risk of breast cancer for women who had worked night shifts for more than 30 years, compared with women who had never worked nights.
Labor unions and the economy – In response to a recent Gallup poll on labor unions showing support at an all time low, Paul Secunda of Workplace Prog Blog and some of his readers offer thoughts on why a rise in unemployment correlates negatively with support for unions.
Health & Safety Briefs

News Roundup: Health Wonkery, DBA, NLRB ruling, and more

Thursday, October 5th, 2006

Health Wonk Review – Joe Paduda hosts Health Wonk Review – the Harvest Moon Edition – a meaty issue with lots ‘o links to substantive posts. With 57 percent of the claims dollar going to medical costs, we are inextricably linked to the larger health-care market. HWR is a good way to keep an eye on the trends.
Additions to the blogroll We’re adding a few links to our blogroll in the sidebar: Labor and Employment Law Blog by George Kittredge and The HR Lawyer’s Blog by Texas labor and employment attorney Christopher J. McKinney – both are worth checking out.
Absolute Shocker of the Week – Worksafe Victoria’s construction safety program publishes weekly photos of dangerous construction work sent in by inspectors and subscribers so that they can be used for safety training or tool-box meetings. Safteng.net hosts and archives these Weekly Shockers and Bodgey Scaffolding photos.
Defense Base Act (DBQ) – The Defense Base Act extends workers’ compensation benefits to employees working for private employers affiliated with the military or certain government-related business outside the continental. Learn more about coverage and 10 Things You Should Know About the DBA. Actually, the article lists 17 things you should know. Regardless of the number, it’s a good overview.
Topical funThe Drugs I Need – an amusing animated music video clip about prescription drugs by the Austin Lounge Lizards.
NLRB rulings – Jordan Barab provides an in-depth analysis of the National Labor Relations Board’s recent Kentucky River rulings from the labor perspective. The rulings set parameters about who is considered a manager and who is considered an employee. Jordan discusses how this ruling excludes millions of workers – notably nurses – from union membership. He quotes extensively from the dissension offered by two Board members. Wilma Liebman and Dennis Walsh.

“Liebman and Walsh point out that the legislative history of the act distinguished between real supervisors “vested with such genuine management prerogatives as the right to hire or fire, discipline, or make effective recommendations with respect to such action ” and “straw bosses, leadmen, set-up men, and other minor supervisory employees.”

“… Walsh and Liebman note that unlike real supervisors, charge nurses do not have the ability to hire, fire or discipline, nor do they have any formal role in the employee grievance process. In addition, they spend the vast majority of their time in line work “a fact that strongly tends to establish their status as s minor supervisory employees.”

“… Today’s decision threatens to create a new class of workers under Federal labor law: workers who have neither the genuine prerogatives of management, nor the statutory rights of ordinary employees. Into that category may fall most professionals (among many other workers), who by 2012 could number almost 34 million, accounting for 23.3 percent of the work force.”

May is labor history month

Sunday, May 23rd, 2004

To commemorate labor history month, take a tour of Labor Arts, a virtual museum that gathers, identifies, and displays historic images of working people and their organizations. The site states that its mission is “to present powerful images that help us understand the past and present lives of working people.”

Some of the many fascinating exhibits and collections include:

Thanks to rawblogXport for pointing us to this great site.