New at Forbes.com: John Endean has an important article demonstrating that while American unionists seek to use Canada’s pro-union labor laws as a model for their proposed Employee Free Choice Act (EFCA), they seldom mention that Canadians themselves have found it advisable to rethink and retreat from some of those laws. It’s a condensed adaptation of a paper that will soon be published here as the first in a planned Manhattan Institute series on labor policy. Check it out here (cross-posted from Point of Law).
Tagged as:
Canada,
Employee Free Choice Act,
labor unions
Having been critical of the Los Angeles Times yesterday, let me accord all due credit to the paper for its investigative series on the near-impossibility of firing teachers in L.A. The district has spent more than $2 million, for example, trying to get rid of Matthew Kim, a special ed teacher accused of harassing teenagers and colleagues who has been collecting full salary for seven years without actually teaching. One underlying problem: “Kids don’t have a union.” Bloggers react: Ken @ Popehat, Mickey Kaus, Amy Alkon, Brian Doherty. Meanwhile, reports Seyward Darby in the New Republic (via Nick Gillespie), “About 1,400 teachers in New York City are receiving full salaries and benefits even though they don’t have permanent jobs. Two hundred and five of them have been without full-time work for three years. And they can continue receiving payments indefinitely even if they never secure new positions.” It’s called the Absent Teacher Reserve.
Tagged as:
labor unions,
Los Angeles,
teacher tenure
If you’re not reading my other legal site, Point of Law, here’s some of what you’re missing:
Tagged as:
asbestos,
attorneys general,
California,
forum shopping,
international human rights,
international law,
labor unions,
New Mexico,
Pennsylvania,
politics,
prosecution,
whistleblowers
Left-leaning author, lawyer and union advocate Thomas Geoghegan is running for Rahm Emanuel’s House seat in Chicago. I’ve often in the past recommended Geoghegan’s first book on labor unions Which Side Are You On?, because of its force and originality, despite my (pretty much diametric) opposition to most of his ideas policy-wise.
His most recent book See You in Court: How the Right Made America a Lawsuit Nation (2007, New Press, and out in paperback this month) showed independence of mind and a willingness to rethink received ideas, as usual, but disappointed in other respects. For one thing, Geoghegan seemed more interested in blowing off steam against conservatives and litigation reformers than in trying to understand what they actually think about the issues he raised. The result was that some of his shots fell very wide of the mark, while he missed other points that might have advanced his case. Ted wrote a much more extended critique of the book that is linked here.
Note, however, that commenter “Vail Beach” stopped by the other day to offer a more positive assessment of “Lawsuit Nation” that is worth giving thought to. The House race, at any rate, should be fun to watch. More: Kaus.
Tagged as:
Chicago,
labor unions,
Thomas Geoghegan,
U.S. House of Representatives
I’ve got a new piece just up at City Journal on last week’s occupation of the Republic Windows and Doors factory in Chicago, led by a union on the left fringe of the American labor movement. The action ended after six days with the capitulation of Bank of America and Chase under intense political pressure. Earlier coverage here. A few points:
- You’d have had trouble guessing from a lot of the coverage, but it’s far from clear that the window factory owners owed any severance at all under the terms of the federal WARN (plant-closings) act. And it’s abundantly clear that the actual targets of the protest, the two banks, owed nothing.
- The whole point of this sort of illegal action is to resolve by force a dispute that would otherwise be consigned to the ordinary processes of law — put differently, to make sure the action’s targets never get their right to a day in court to put forth their (quite possibly meritorious) defense. When Chicago and Illinois officials jumped in to arm-twist the targets into settling, they endorsed this way of resolving disputes. That may come as little surprise given the reputation of Chicago governance. But why should anyone feel secure in locating a politically sensitive business in that city (or state) from now on?
- Among those who either cheered the illegality or viewed it with complacency are not only high public officials but law professors, commentators and leaders of the legal profession. Indeed, President-elect (and former law professor) Barack Obama vocally backed the union’s cause at a press conference while pointedly saying not a word about its unlawfulness of its actions. Should we ever again take seriously the rumblings of any of these parties about the all-importance of the rule of law?
- Some in the media, like Boston Globe columnist James Carroll, applauded the illegal action and left-leaning Washington Post columnist Harold Meyerson called for more of the same: “Barack Obama means to build a more equitable nation, but it would help him in that task if more workers sat down”. Does Obama agree?
(cross-posted from Point of Law).
Tagged as:
Barack Obama,
Chicago,
Illinois,
labor unions,
rule of law
- Everything that makes Chicago politics what it is: Gov. Blagojevich shook down a children’s hospital [Massie] Time to play Name That Goon: guess which statements are by Illinois governor and which by Tony Soprano [Daily Beast] The most closely watched Obama appointment is and should be the U.S. Attorney for Chicago [@patrickruffini]
- Many writers including me relied on UAW assertion that oft-heard $73/hour figure for GM compensation was misleading because it included vast army of retirees; but per one new paper, the number really does reflect only payments for currently active workers [James Sherk, Heritage] Contra, the New York Times sides with the original critique of the number [David Leonhardt]
- Green activists contact the authorities to report illegal logging, turns out to be beavers [OK!; Poland]
- Pride and Prejudice: the Facebook feed [DeeDee Baldwin]
- Economists invite volunteers to play game simulating investment behavior. Usual result? Bubbles & crashes [Postrel]
- “Watermelon smell”, “ferret odor”, “gasoline fumes”: Japanese site uses Google maps to track stinky locations [Japan Probe via Tyler Cowen]
- Subprime-implosion lawsuits haven’t gone well for plaintiffs, who’ve had trouble showing guilty state of mind [CCH Wall Street] But are things beginning to shift in their favor? [Frankel, American Lawyer]
- Nifty “Atlas of True Country Names” displays place names as their underlying meanings [Telegraph]
Tagged as:
autos,
Chicago,
environment,
Facebook,
Illinois,
labor unions
Under a regulation known as the “two-fleet rule”, automakers must meet CAFE (Corporate Average Fuel Economy) standards separately for their domestically produced and for their imported vehicles, rather than just hitting the same overall number through an average of both. The economics of production and transport tend to favor the domestic production of large cars and the importation of small economy cars. “For 30 years, to make and sell the large vehicles that earn their profits, the Detroit Three have been effectively required to build small cars in high-wage, UAW factories, though it means losing money on every car,” writes the WSJ’s Holman Jenkins, Jr. It’s “nonsensical” and “a naked handout to the UAW at the expense of the companies and their customers.” (”Yes, Detroit Can Be Fixed”, Nov. 5).
P.S. Of course the actual legislative responses we’re in for will probably be very different. Mickey Kaus: “So the UAW wants a $25 billion bailout and an end to the secret ballot … Because Wagner Act unionism clearly worked out so well for Detroit.”
Tagged as:
autos,
CAFE,
Detroit,
labor unions,
United Auto Workers
- “I believe it’s frivolous; I believe it’s ridiculous, and I believe it’s asinine”: Little Rock police union votes lopsidedly not to join federal “don/doff” wage-hour lawsuit asking pay for time spent on uniform changes [Arkansas Democrat Gazette courtesy U.S. Chamber]
- Must-read Roger Parloff piece on furor over law professors’ selling of ethics opinions [Fortune; background links @ PoL]
- Too rough on judge-bribing Mississippi lawyers? Like Rep. Conyers at House Judiciary, but maybe not for same reasons, we welcome renewed attention to Paul Minor case [Clarion-Ledger]
- American Airlines backs off its plan to put Logan skycaps on salary-only following loss in tip litigation [Boston Globe; earlier]
- U.K.: Infamous Yorkshire Ripper makes legal bid for freedom, civil liberties lawyer says his human rights have been breached [Independent]
- In long-running campaign to overturn Feres immunity for Army docs, latest claim is that military knowingly withholds needed therapy so as to return soldiers to front faster [New York Rep. Maurice Hinchey on CBS; a different view from Happy Hospitalist via KevinMD]
- Profs. Alan Dershowitz and Robert Blakey hired to back claim that Russian government can invoke U.S. RICO law in its own courts to sue Bank of New York for $22 billion [WSJ law blog, earlier @ PoL]
- Minnesota Supreme Court declines to ban spanking by parents [Star-Tribune, Pioneer Press]
- Following that very odd $112 million award (knocked down from $1 billion) to Louisiana family in Exxon v. Grefer, it’s the oil firm’s turn to offer payouts to local neighbors suffering common ailments [Times-Picayune, UPI]
- AG Jerry Brown “has been suing, or threatening to sue, just about anyone who doesn’t immediately adhere” to his vision of building California cities up rather than out [Dan Walters/syndicated]
- Virginia high school principal ruled entitled to disability for his compulsion to sexually harass women [eight years ago on Overlawyered]
Tagged as:
airlines,
California,
child protection,
environment,
ethics,
Jerry Brown,
labor unions,
law schools,
Louisiana,
Minnesota,
Paul Minor,
prisoners,
racketeering and RICO,
Russia,
United Kingdom,
wage and hour suits
“A jury ruled Friday that a labor union defamed Sutter Health with a mass mailing of postcards and awarded the Northern California health care organization almost $17.3 million in damages. The Placer County jury found that Unite Here, one of the nation’s largest unions that represents hotel, restaurant and laundry workers, defamed Sutter Health early last year by sending postcards to women of child-bearing age in Northern California claiming the organization’s hospitals used unclean linens. The union was in a labor dispute with the laundry service that cleaned the linens at the time.” (”Jury: Union defamed Sutter Health”, InsideBayArea.com (Hayward Daily Review), Jul. 23; Mehul Srivastava, “Jury award stings union”, Sacramento Bee, Jul. 22).
Tagged as:
Bay Area,
California,
hospitals,
labor unions,
libel slander and defamation
The United Farm Workers, the agricultural labor union that rose to prominence under the leadership of the late Cesar Chavez with the support of countless Sixties idealists, has recently been the subject of unflattering coverage in the Los Angeles Times, Bakersfield Californian and L.A. Weekly, among other places. Now journalist Marc Cooper, who wrote the L.A. Weekly piece, says the union has sent him a demand that he retract or correct his piece on pain of being sued. Cooper says the L.A. Times and Bakersfield papers have received similar threats. “Even some lonely bloggers who have recently written about the UFW have been contacted by the union or its hired PR agents and directly warned not to continue criticizing it.” (Marc Cooper, “Gag Me With a Grape”, L.A. Weekly, Feb. 8; Cooper blog entry and comments, Feb. 8) (via Romenesko). The UFW’s side of the underlying controversies is here.
Tagged as:
bloggers and the law,
labor unions,
libel slander and defamation,
newspapers,
online speech
