• Paused
    What's New at IAFF 274
    Read More...
    It is with sadness that we announce the passing of former Mayor Alfred DelVecchio.Our sincere condolences go out to the Delanoy and DelVecchio families.Honor guard has been requested for the wake on Sunday December 9th 2018. Read More...
    This afternoon,myself(Brother Barbella)and Engine 67(Brother's Piccicinni,FF Disanto and FF Jackson)met at the Ronald McDonald House to pick the winning raffle ticket for the signed Mariano Rivera Fire Helmet. We met with Lisa Fine, director of events.Im happy to report that together we raised over $3300,all proceeds going to them. Read More...

     LABOR Trump’s NLRB Just Quietly Ruled to Make Union Pickets Illegal

    The NLRB based its decision on a particularly onerous provision in federal labor law that prohibits employees from engaging in boycotts, pickets or other activities that are aimed at a secondary employer.
    PRINTER FRIENDLY  
    The ruling by Trump's labor board could mean far-reaching restrictions on one of labor's most potent weapons., Scott Varley/Digital First Media/Torrance Daily Breeze via Getty Images

    An all-Republican panel of President Trump’s National Labor Relation Board (NLRB) recently ruled that janitors in San Francisco violated the law when they picketed in front of their workplace to win higher wages, better working conditions and freedom from sexual harassment in their workplace. The ruling could result in far-reaching restrictions on picketing that limit the ability of labor unions to put public pressure on management. 

    The NLRB reached its conclusion by using the complex and convoluted employment structure created by the janitors’ employers. The janitors were technically employed by one company, Ortiz Janitorial Services, which was subcontracted by another company, Preferred Building Services, to work in the building of a third company.

    This type of confusing employment relationship is increasingly common, resulting in workers being put in a position where it’s difficult to negotiate higher wages and better working conditions, or protect their basic employment rights.

    The NLRB based its decision on a particularly onerous provision in federal labor law that prohibits employees from engaging in boycotts, pickets or other activities that are aimed at a secondary employer. The provision was added as part of the 1947 Taft-Hartley Act, taking away one of labor’s most powerful weapons.

    In this case, the NLRB overturned an administrative law judge’s ruling that because the second company had significant control over the employment relationship, it constituted a joint employer. The judge based her conclusion on evidence that Preferred Building Services was involved in the hiring, firing, disciplining, supervision, direction of work, and other terms and conditions of the janitors’ employment with Ortiz Janitorial Services. Therefore, both Ortiz and Preferred acted as joint employers to the janitors.  

    This matters because if the various companies were joint employers, there were no prohibited secondary activities. But the NLRB held that the janitors worked for the subcontractor, and any actions aimed at any other company was illegal under the law.

    What is remarkable about this case is how it makes things much worse for workers by only subtly reinterpreting the law. It takes a narrow read on the joint employment doctrine and thereby limits workers’ right to picket. And, as a result, many workers in what former U.S. Department of Labor Wage and Hour Administrator David Weil has termed “the fissured workplace” will find it difficult to vindicate their rights. Ultimately, this case shows how many basic fundamental rights associated with the First Amendment workers are prohibited from engaging in.

    At their picket line in San Francisco, the janitors held signs demanding a municipal minimum wage increase, complaints about the companies’ labor practices and demands to stop sexual harassment. If any person other than the janitors had engaged in such a picket, their activities would clearly be protected under the First Amendment. However, because the NLRB found that these janitors “engaged in picketing with a secondary object prohibited by Section 8(b)(4)(ii)(B)” of the NLRA, these workers had run afoul of the law.

    In 1984, labor law scholar James Gray Pope used the imagery of a ladder to highlight the absurdity of how the law treats workers’ picketing and speech rights as compared to how the law treats these activities for everyone else. “On the ladder of First Amendment values,” Pope explained, “political speech occupies the top rung, commercial speech rests on the rung below, and labor speech is relegated to a ‘black hole’ beneath the ladder.”

    The First Amendment “black hole” for labor rights has become more apparent with the Supreme Court’s Janus decision, which created an onerous free-speech carveout breaking with decades of precedent for how to treat public sector workers’ free speech.

    Instead of following its longstanding rule holding that the First Amendment only applies when a public employee speaks as a citizen on a matter of public concern, the Court held that a single employee’s complaint about union was a matter of First Amendment concern. Although time will tell, it appears unlikely that the Supreme Court will extend such First Amendment protections to public employees in cases that would help, rather than hurt labor.

    The NLRB’s recent case restricting the picketing rights of subcontractors, temps and other workers who do not have a single direct employment relationship is a further sign that the labor board will continue limiting its joint employer doctrine. This will make it more difficult or even impossible for many workers to have any meaningful voice in the workplace. But the case also highlights some of the core problems of labor law as it currently exists. By being included under the NLRA, workers lose basic rights that all other Americans enjoy.

    In addition to pushing for the NLRB to prevent employers from evading liability through a complex web of subcontractors, labor needs to push their way out of the First Amendment black hole that workers have been in for over 70 years.

    Come on out to Brother Jimmys on Thursday October 18th, 8-11pm to help support Breast Cancer Awareness.$10 Donation at the door,WPFD Bartenders,Happy Hour prices til 11, a portion of the proceeds goes to local breast cancer victims through Soul Ryeders.Contact Brother Dooley(914)844-3577 or Brother Nicholson (914) 882-0704 for more information. Read More...
    IAFF Local Newswire
    Join the Newswire!
    Updated: Dec. 14 (21:10)
    New Members And Union Officials Sworn In
    Norwalk Fire Fighters
    12.14.18
    Friday Update 12-14-18
    IAFF Local 1014
    12.14.18
    2019 BBQ Event
    Missouri State Council of Fire Fighters
    12.14.18
    2019 LOCAL 30 NOMINATIONS
    Cambridge Fire Fighters
    12.14.18
    Springfield fire displaces 7 Forest Park residents
    IAFF Local 648
    12.14.18
    Springfield fire in high rise apartment caused by cigarette
    IAFF Local 648
    12.14.18
     
     
  • << December 2018 >>
    S M T W T F S
    1
    2 3 4 5 6 7 8
    9 10 11 12 13 14 15
    16 17 18 19 20 21 22
    23 24 25 26 27 28 29
    30 31
    Upcoming Events
    General Membership Meeting
    Jan 01, 2019
    HQ
    Executive Board Meeting
    Jan 23, 2019
    Station 7
    General Membership Meeting
    Feb 05, 2019
    HQ
    Executive Board Meeting
    Feb 27, 2019
    Station 7
    General Membership Meeting
    Mar 05, 2019
    HQ
    Important Links
    IAFF Local 274 Facebook Page
    WPNYFire Twitter
    Visit www.nrsservicecenter.com/iApp/ret/content/landing.do?Role=None&Site=nysdcp!
    Visit www.­telestaff.­net!
    Visit www.iaff.org!
    Visit www.osc.state.ny.us/retire/index.htm!
    Visit www.nyspffa.org!
    Visit www.wpcnr.com!
    Visit www.empireplanproviders.com!