Department heads at large shops like Carnegie Hall, Radio City Music Hall, and Lincoln Center have to manage multimillion dollar budgets; use advanced computerized payroll, employee scheduling, and inventory reporting systems; understand complicated pension and welfare plans to advise their crews on health insurance and retirement issues; and be experts at management/labor relations.
Broadcast Union News is a clearing center for information of interest to people working in television, film, print/electronic media, and theater. A chance for AEA, AFTRA, IATSE, IBEW, CWA-NABET, DGA, SAG, Newspaper Guild, WGA, and non-represented entertainment industry workers to share information with an eye towards improving wages, benefits, and working conditions for all.
Friday, December 31, 2010
Broadcast Union News Responds To The Ritual Annual Stagehand Bashing
Department heads at large shops like Carnegie Hall, Radio City Music Hall, and Lincoln Center have to manage multimillion dollar budgets; use advanced computerized payroll, employee scheduling, and inventory reporting systems; understand complicated pension and welfare plans to advise their crews on health insurance and retirement issues; and be experts at management/labor relations.
Tuesday, December 28, 2010
Defending Workers Against Discipline
Defending Workers Against Discipline
By Robert Schwartz
Labore Notes Editor's note: The author is working on a new handbook on defending workers against discipline. Here are some excerpts.
Forced Resignation
Q. Can we submit a grievance for a nurse’s aide who resigned from work after her supervisor falsely accused her of patient abuse, threatened to discharge her, and suggested that she quit?
A. Yes. Under a theory called “constructive discharge,” a resignation extracted by duress or coercion is considered equivalent to a discharge.
Retracting a Resignation
Q. When a supervisor demoted a worker, the worker lost it and declared, “If that’s how you feel about me, I quit.” That night she called the union and said she had made a big mistake. Management says a quit is a quit. Can we grieve under the just cause standard?
A. Yes. An employee who quits her position because of emotional stress can retract the resignation if she gives prompt notice by telephone, fax, or email and if the employer will suffer no significant harm by permitting the employee to return.
Applying Rules Off-Duty
Q. Does a work rule prohibiting the use, sale, or possession of controlled drugs apply when an employee is off-duty?
A. Generally, no. Company rules do not apply to off-duty conduct unless expressly stated. Even if the rule says it applies off-duty, the union can challenge the rule as unreasonable if the prohibited conduct does not have a demonstrably adverse impact on the workplace.
Drug Test
Q. A worker failed a drug test. Can the employer fire him without an interview?
A. No. Under due process principles, the employer must give the employee a chance to explain why he was taking the banned substance and why he should not be punished.
Double Jeopardy
Q. An employee threatened another worker. Two hours later, his supervisor said, “If you do that again, you will be in a bag of trouble.” The next day, human relations called the worker in and suspended him for a week. Can we defend on the grounds of double jeopardy?
A. Yes. A worker cannot be disciplined twice for the same conduct. The first notice was a verbal reprimand. The worker viewed it as final and continued working. The matter should have ended there.
Anonymous Complaint
Q. Personnel fired a driver after an anonymous customer sent a letter containing graphic descriptions of sexual misconduct. Do we have a chance at arbitration?
A. Yes. An employer cannot justify a discharge solely on the basis of hearsay. If the driver consistently denies the charges, and the complainant does not appear to testify, an arbitrator is likely to order reinstatement.
Snake in the Truck
Q. A driver drove his truck into a guard rail. He claimed he saw a large snake on the passenger seat and grabbed it with both hands to avoid being bitten. Impossible case?
A. No. When a discharge is based on circumstantial evidence (no witnesses), the evidence must eliminate reasonable explanations advanced by the employee. If the driver gave the snake explanation from the get-go, and stayed with it consistently, he should prevail at arbitration.
Lie Detector Test
Q. An employee suspected of theft declined to take a polygraph test. Can the employer cite her refusal as evidence of guilt?
A. No. Arbitrators disfavor polygraph tests. They almost never hold refusals against employees.
Disparate Treatment
Q. The company discharged a five-year worker for sleeping on the job. Two years ago, a worker with 20 years’ seniority was given a one-day suspension for the same offense. Does the difference in service time justify the difference in penalties?
A. No. Differences in seniority do not justify wide divergences in penalties.
Dog Ate It
Q. Management says it lost the paperwork that explains why it issued a lenient penalty two years ago. Is this sufficient to avoid a finding of disparate treatment?
A. No. An employer cannot escape a finding of disparate treatment by asserting that paperwork has been lost or misplaced.
Pick Your Poison
Q. The company fired a worker who was seen smoking marijuana in her car. Six months earlier a worker who drank beer on the job was given a five-day suspension. Isn’t this disparate treatment?
A. Yes. There is no acceptable basis for imposing substantially harsher penalties on employees who commit drug offenses than on employees who commit similar alcohol offenses.
Erasing Disparate Treatment
Q. If an employer suspends an employee for sleeping on the job, is it barred from firing future offenders?
A. No. An employer can erase past leniency by making a clear and unequivocal announcement to the workforce that it intends to discharge employees for all such offenses in the future.
Progressive Discipline
Q. Our contract has a four-step progressive discipline policy. An employee with 20 years’ service committed four offenses and was discharged. But in an earlier case, management gave a 22-year worker with four offenses another chance. Can we raise disparate treatment?
A. Yes. The employer surrendered its right to insist on a lockstep application of the progressive discipline provision. If mitigating circumstances are considered for one employee, they must be considered for all.
Zero Tolerance
Q. The company manual says any violations of safety policies “shall result in termination.” Is this penalty binding in arbitration?
A. No. Arbitrators frequently rule that zero-tolerance policies are trumped by contractual just-cause clauses.
Robert Schwartz is the author of several labor law handbooks published by Work Rights Press and available from Labor Notes, including The Legal Rights of Union Stewards.
About Labor Notes
Labor Notes is a media and organizing project that has been the voice of union activists who want to put the movement back in the labor movement since 1979.
Friday, December 24, 2010
Isolation Is Torture - End The Inhumane Conditions of Private Bradley Manning's Detention
Isolation Is Torture - End The Inhumane Conditions of Private Bradley Manning's Detention
Hi Everyone, I just signed a letter to the Commanding Officer at Quantico Brig to end the inhumane conditions of Private Bradley Manning's detention as he awaits trial.
Bradley Manning spent his 23rd birthday on Friday completely isolated, just as he has every day for the last 5 months months in his cell at the Quantico Marine Base. Manning is the Marine Private accused of leaking classified documents to Wikileaks. Since July, he has been held in cruel and inhumane conditions like violent, dangerous criminals in a Supermax prison. He spends each day completely isolated, with severe restrictions placed on basic activities like sleep and exercise. Yet he has not been convicted of any crime.
Please join me in signing this important letter, and pass it on to your friends and family when you're done: http://action.firedoglake.com/page/s/bradleymanning?source=share&subsource=email
Thanks! Bob D
Robert R. Daraio 914-774-2646 cell bdaraio@yahoo.com
Stop the Inhumane Treatment of Bradley Manning
Add your name to our letter urging the humane treatment of Bradley Manning by lifting unnecessary restrictions on his sleep, exercise, and communication.
» Read the whole letter and add your name
More on this from Firedoglake activist, Michael Whitney. The extreme isolation in which Manning has spent every day of the last 5 months is grueling. It's already taking its toll: Bradley Manning's physical and mental health are suffering, according to his attorney and friend who have seen him in prison.
Bradley Manning deserves humane treatment while he awaits trial. Can you please add your name to our letter urging Commanding Officer of Quantico Marine Corp Base to lift the heavy restrictions of Manning's detention? http://action.firedoglake.com/page/s/bradleymanning?source=share&subsource=email
Bradley's friend, David House, will deliver your letter to the Commanding Officer at the Quantico Marine Base brig when he visits Bradley next month. While Manning is held in "maximum custody," the military's most severe detention policy, he is also under a longstanding "Prevention of Injury" (POI) order that adds additional restrictions beyond those of other prisoners. While POI orders typically last a week or two, Manning has been held under a POI order for more than five months. A day in the life of Bradley Manning is isolating, lonely, and frustrating. - Manning stays in his cell for 23 hours a day - Guards must check on him every 5 minutes, and he must respond each time - He is not allowed to sleep between 5am and 8pm - Substantive exercise is not allowed beyond walking, potentially in chains - Communication with other people in the brig is banned, and he cannot write to people outside beyond the few a list approved by the brig commander; any unapproved letters he receives are destroyed. - He has not been allowed to read newspapers or watch international news
- Comfortable sleep is impossible; he must surrender his clothes each night, has only a heavy "suicide blanket" akin to an x-ray vest, and guards must be able to see his face at all times.
- A psychologist has said Manning isn't a danger to himself or others, and the POI order is unnecessary.
- His lawyer has also been unable to remove the POI order. But it is clear that Bradley Manning has been subjected to undue, inhumane, and unnecessary punishment, and it must stop now. Stop the inhumane treatment of Bradley Manning. Please add your name to our letter urging the Marine Commander in charge of Manning lift the unnecessary POI order. http://action.firedoglake.com/page/s/bradleymanning?source=share&subsource=email No matter what you think of Manning's alleged acts, there is no reason to subject him to these extreme conditions. Thank you for standing up for human rights. Michael Whitney
More:
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Good Press: 6 Steps to Writing Killer Op-Eds and Commentaries
Wise Bread
Media commentators have pronounced the press release dead more times than Mel Gibson’s career.
Twitter, Facebook, and other social media avenues have no doubt altered the way business owners and entrepreneurs approach public relations and building buzz. There’s certainly increasing value in social media releases, Facebook groups and other evolving tactics.
But that doesn’t mean it’s lights out for more traditional media plays like basic press releases. The problem is those standard announcements become the static, default option. And that’s why business owners should give serious consideration to the power of the op-ed.
Developing top-notch opinion pieces and commentaries for traditional news outlets and online information hubs is a great way to boost your credibility, your brand and potentially conversions.
The phrase “op-ed” refers to the page opposite a newspaper’s editorial page. Traditionally, the op-ed page has served as a public forum for various viewpoints and opinions on the news of the day, from political and social commentators to community members at large. Online publications may not have tangible editorial pages, but high-level sites certainly embrace compelling and timely commentary.
Either way, this is prime real estate, which means it’s tough to land a slot, especially at larger news outlets. Generating compelling and truly newsworthy opinion pieces that enhance your reputation and instill authority take significant time, investment, and nuance.
But the rewards are usually handsome. Getting a guest commentary in a mainstream newspaper or on a high-traffic website can snowball into future gigs, steamrolling link love and more.
For example, I put together a Veterans Day op-ed as part of my work for a national mortgage company that specializes in VA loans. The piece focused on how these loans and veterans themselves can serve as a model for redefining sustainable homeownership in America. It was published in newspapers across the country, including three in the top 45.
For us, timing was obviously everything. It’s a bit more difficult to push a commentary about veterans and VA home loans in the middle of June. And that strikes at the heart of this -- strategy is a major key to success when it comes to op-eds and commentaries.
Whether you’re looking for business exposure or you’re simply a regular Joe trying to get your voice heard, there are some steps you can take to boost your chances of op-ed success. Here are six big ones.
1. Be Timely
This is the single most important aspect. There are some evergreen issues (health care, taxes, etc.), but having a solid time peg makes you instantly more attractive. News is, well, new. Business owners should look for ways to inject their opinion, product, or expertise into a current hot-button issue. Media outlets don’t care about your latest innovation or a new product line -- seek to latch onto a more generalized issue or trend.
2. Find a "Nut Graf"
This is a journalism phrase, one that undergraduates nationwide tend to abhor. The nut graf is basically the “So what?” paragraph. You need to show readers (not to mention editors) why they should care. What’s the point? The impact? How will this affect their wallets, their grandchildren, or their future plans? Make sure this paragraph is up high in the piece. Once you finish writing, ask yourself: What’s the point? If you can’t provide a simple, one-sentence answer, you’re not ready to start pitching.
3. Write Tight
Conciseness is especially key to a guest commentary. Most outlets have a ceiling around 800 words, but that doesn’t mean you should aim for it. Editors love writers who can make the same point in a lean 500 words. Get to the point immediately and use short sentences with active verbs. Embrace economy of language.
4. Stick to One Issue
Reforming the welfare system or addressing prison recidivism are complex issues. Drill down into a core aspect of your topic and focus on that. You can’t effectively cover an expansive current event or lingering social ailment in 750 words. Focus on clearly and concisely making a single point by using examples, anecdotes, and data.
6. Offer Specific Solutions
It’s incredibly easy to sit back, take pot shots, and call for further research or an immediate halt to whatever police action you’re protesting. That’s not likely to inspire an opinion editor or readers. Instead, offer specific solutions to the problems or issues you’ve raised.
7. Finish Strong
This is true for anything you write. Leave readers with an emotion, whether it’s awe, hate, or indigestion. Avoid snarky and cliched finishing strokes. Consider circling back to your opening paragraph and bringing the piece full circle with a tie-back paragraph.
Chris Birk is director of content and communications for VA Mortgage Center.com, the nation's No. 1 dedicated VA lender. A recovering journalist, he also teaches at a private Midwestern university.
Want more marketing advice? Check out these stories:
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Comcast Says NBCU Deal Won't Close This Year
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Comcast and NBC/Universal Logos |
THE WALL STREET JOURNAL
"We have notified our transition teams that there will not be a December 31 closing," said Comcast in an emailed statement. "We believe the regulatory review puts us on track for a closing in January 2011."
NBC Universal Chief Executive Jeff Zucker, who will step down from his post when the transaction is completed, echoed Comcast's statement in a memo to employees, saying the companies have made "substantial progress" with the Federal Communications Commission and the Department of Justice, both of which have to sign off on the deal for it to move forward.
He also said he expects the companies to get a "green light" in January.
"The official close of the transaction would happen shortly after government approval. Until then, of course, business continues as normal," said Zucker.
Comcast reached an agreement with NBCU's majority owner, General Electric Corp., to take control of the media company over a year ago. While a lengthy and difficult regulatory process was widely expected, the investment community has widely anticipated that the deal would close—possibly with some limitations on the merged companies imposed by the federal government aimed at guarding the public's interest.
A number of lawmakers, companies and interest groups have opposed the deal, however, and U.S. President Barack Obama made campaign promises to halt media consolidation, leading some of his supporters to urge against regulatory approval of the deal.
Write to Nat Worden at nat.worden@dowjones.com
Can Labor—Or Anyone— Stop the Foreclosure Mess That’s Wrecking the Economy?
From In These Times and Art Levine While heading home for the holidays or looking forward to a Christmas meal, it's worth remembering those who are being forced out or are at risk of being evicted as the foreclosure mess continues unabated. Also please consider posting to social media, linking to the article or forwarding this piece. The article sums up what many of you know, but offers useful links, analysis and some synthesis of what's been happening: Those seeking to take action to stop these abuses -- or save their own homes -- can learn more at the activism and resource pages of SEIU, the Showdown in America coalition and the Center for Responsible Lending's mortgage resources for consumers. Among the most useful tools is the"Where's the Note" campaign that aims to block illegal foreclosures and help determine which institution has your mortgage. As SEIU points out: When Wall Street banks securitized, packaged, sold, and resold our mortgages, they created a system where it is often impossible to figure out who actually owns mortgage notes and therefore has the authority to foreclose on properties. But the big banks are getting tangled up in their own web. Recent events have exposed a handful of banks that are throwing families out of their homes even though they don’t have the mortgage note that proves they actually have a legal right to do so. Whether you are facing foreclosure, have an underwater mortgage, or are just a concerned homeowner, it’s important that you contact your bank and demand to see the original note on your mortgage. It only takes a few minutes using our free online tool. Here's the full article: Can Labor—Or Anyone— Stop the Foreclosure Mess That’s Wrecking the Economy? In the same week that President Obama was showered with well-deserved hosannas for his lame-duck legislative feats, reports surfaced that the Bank of America was accused in recent lawsuits of wrongfully foreclosing on homeowners and breaking in to throw out their property. It's part of a pattern of broader failures in the foreclosure racket and housing market that could cause another $1 trillion in losses to the banking industry, according to economist Nouriel Roubini (a.k.a. "Dr. Doom") who predicted the first meltdown of 2008. At the same time, while a network of state attorneys general are vowing to prosecute a wave of foreclosure fraud involving fabricated documents and ruses designed to force people out of their homes, there's been only a smattering of grass-roots actions designed to protest needless or unfair evictions caused by the Wall Street-driven economic collapse in the first place. Yet these protests last week -- such as a theatrical "citizens' arrest"at the New York Stock Exchange over inflated bonuses that could be used instead to salvage homeowners and a sit-in outside a Los Angeles Chase bank -- are among the few signs of life in the relatively moribund progressive movement's response to this growing crisis. At a national level, SEIU is taking a leading role in documenting the pay, foreclosure and lending abuses in its vital new report, Big Banks Bonanza,which shows that just half of the $143 billion going to pay the executives at the top six banks could be used to write down homeowners' mortgages to their fair market value. As progressive strategist Mike Lux argues, this is the "sleeper" issue that, if left unadressed, could significantly harm the economy and a progressive agenda over the next two years. He says, "Taking that money out of the bankers' hands and putting it in the hands of the hard pressed middle class would do more to stimulate the economy than any other thing the President could do right now." But, so far, there's been no high-impact national efforts backed by strong political pressure, lobbying, messaging and TV ads to do anything about it, but perhaps that might change in the year ahead. On top of that, the Obama administration has flubbed various mortgage relief efforts and, until recently, faced virtually no major political pressure to clean up its inept and bungled mortgage relief programs. Yet there has been mounting concern reflected in some criticism in the progressive media, a letter from over 50 influential economists and investors, and by a few Democratic committee chairmen, such as Rep. Barney Frank, to toughen standards and regulations in the Wild West world of the mortgage servicing field. As the industry's own trade paper reported this week on the experts' letter:
What's important here, some advocates believe, is that these calls for reform have to be focused on regulatory agencies and the White House, because the GOP, scheduled to take over the House of Representative, will block any actions that could limit the financial industry and its minions. That's why groups such as National People's Action, recently honored by the Nation magazine as the most effective grass-roots group for its efforts to confront predatory lenders and "Make Wall Street Pay," also promote sound new mortgage strategies the Obama administration could adopt without necessarily needing legislative approval. These include such common-sense measures as freezing foreclosures -- especially given the widespread fraud -- while borrowers are being evaluated for the federally supported loan modifications. Unfortunately, there's been little effective pressure so far on the Obama administration to clean up its mortgage relief programs. The Treasury Department has spent only a fraction of the $50 billion allotted to it for mortgage write-downs, over half of enrollees in a key Obama mortgage relief program have dropped out, and a Congressional oversight panel reported last week that less than a fourth of the four million distressed homeownerssupposed to be helped by the federal program will get any assistance at all. The Federal Reserve is also resisting calls to strengthen its oversight over the mortgage field. Many homeowners are also stuck in a limbo where they get preliminary three-month write-downs, and then little else happens for as long as a year as they face eviction and further modifications never occur. It's all such a mess that just scrolling down handful of recent New York Times headlines can give a flavor of the hydra-headed foreclosure monster that's destroying the lives of million of homeowners and squeezing the economy into another potential collapse -- even as joblessness remains stubbornly high. The alarming reports range from "Banks Accused of Illegally Breaking into Homes" to "Trying to Overcome the Stubborn Blight of Vacancies." That's why the protests at Wall Street last week were so important, even if national progressive and labor groups haven't coalesced around a pragmatic strategy to fight this downward economic spiral in a Washington fueled by deficit-slashing mania and anti-government Tea Party rage. But those voices should be heard if the Democrats have a chance of showing the public that they're willing to stand for the needs of average citizens against Wall Street. From the Showdown in America coalition:
But who in Washington is really listening to them as the Congressional session ends with new praise by pundits for the spirit of bipartisanship and Obama's legislative prowess? UPDATE: Those seeking to take action to stop these abuses -- or save their own homes -- can learn more at the action and resource pages of SEIU, theShowdown in America coalition and the Center for Responsible Lending's mortgage resources for consumers. Among the most useful tools is the"Where's the Note" campaign that aims to block illegal foreclosures and help determine which institution has your mortgage. As SEIU points out:
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Thursday, December 23, 2010
FCC Net Neutrality Vote is Bad News
This is Writers Guild of America East's statement regarding the FCC’s vote on Net Neutrality:
“A compromise means the parties to a dispute reach agreement. Here, no one has agreed to anything. These tepid rules will be challenged in court and in Congress, and they fail in the most fundamental ways - permitting paid prioritization and all manner of discrimination in wireless."
"Our members write most of what people watch on television and in the movie theaters and increasingly, online. Today’s FCC vote will diminish our members’ ability to create and distribute innovative content and audiences’ ability to watch the content of their choice.”
"The Guild remains dedicated to the open internet fight and other policy initiatives that are vital to our members."
For now, consider sending Net Neutrality champion (and WGAE member), Senator Al Franken a message via our friends at Credo Action.
Sen. Al Franken has been a true champion in our fight for a free and open Internet. Even as the FCC has failed to seize their historic opportunity and implement real net neutrality rules, Sen. Franken's advocacy deserves special recognition.
Julius Genachowski, Chair of the Federal Communication Commission and appointed by President Obama, worked closely with big telecommunication corporations to put in place fake net neutrality rules that heavily favor industry and are bad for consumers.
The new rules are actually worse than doing nothing to protect net neutrality as they allow mobile networks to block lawful content and allow "paid prioritization." Even worse, the FCC failed to reclassify broadband under Title II, so even meager protections are sure to be thrown out by the courts.
Sen. Franken has consistently championed net neutrality as the greatest free speech issue of our generation. He has been a vocal advocate taking on big corporations, the FCC and even President Obama. When elected officials like Sen. Franken stand up for what is right -- even when we lose a battle like this one -- they deserve our thanks.
Send Sen. Franken a quick thank you note for standing up for a free and open internet and tell him we'll continue to fight with him until real net neutrality is achieved.
Click here to thank him for keeping up the fight.
Keep in touch in the new year.
Sincerely,
Lowell Peterson
Become a PR Expert -- Intro to Public Relations starts Jan. 10 -interesting?
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Monday, December 20, 2010
3D Robotics Play Pivotal Role for ESPN NBA Coverage
Labor Picketing Doesn't Cut It Anymore: Taking Back Worker's Rights In The Era of Globalization

In June 2010, the U.S. Department of Labor published a study on union representation elections overseen by the National Labor Relations board between 1997 and 2009. It was found that over this period, the number of elections won in favor of union representation decreased by 48 percent, and the total number of employees eligible to vote for union representation decreased by 69 percent.
It's important to note that this is all illegal under the Wagner Act, with even the threat of firing and plant closing to disrupt a union election falling under this offense. In this context, Clinton played his part as well; the signing of NAFTA resulted in many companies threatening to move their plants to Mexico during union elections.
Right To Work
What Kind of Organizing Can Be Done?
The first thing to remember is that economic globalization (and government policies) are causing this decline, so fighting it head on is the only way to stop it. For instance, the big push against labor has been coming from Wallmart and specifically the "Union hotline" which parachutes union busters anywhere organizing takes place.
What Can Be Done At The Government Level?
Friday, December 17, 2010
A Simple Guide For Talking Union This Holiday Season
A Simple Guide For Talking Union This Holiday Season It’s no secret: Not everyone sees unions as key to rebuilding America and the middle class. It’s easy to tune out the misinformation about unions and the workers who make them strong when you hear it on the news, but what should you do when the same misinformation comes from your friends and family? We’re here to help with some simple facts so you can speak up the next time you encounter someone attacking unions. The sad truth is that fewer and fewer people have had direct experience with a union. But this holiday season, you can help shed light on what unions are really all about! MYTH: Unions are run by big, overpaid bosses. FACT: Unions are run by workers.
MYTH: Unions only care about their members. FACT: Unions are fighting to improve the lives of all workers.
MYTH: Union workers are lazy, and unions are bad for business. FACT: Unions and profitability go hand in hand.
MYTH: Unions ask for too much. In this economy, people should be thankful for any job. FACT: Good jobs mean a stronger economy, and that means more jobs.
MYTH: Public employees are to blame for our budget woes. FACT: Public employees earn less than private-sector workers in similar jobs.
Zoe Bridges-Curry Press Secretary American Rights at Work (202) 822-2127 x122 |