Tag Archives: union

Live Nation Among Employers Who Misclassify Workers

A new study from the Economic Policy Institute shows that more than 10 million American workers are misclassified as independent contractors, when they are really employees. The study points to Live Nation and FedEx as businesses that routinely abuse the system, to save money on taxes, employment insurance, overtime pay, minimum wage, and workmen’s compensation.

For example, the concert producer uses subcontractor Crew One to staff its shows in Atlanta. Crew One treats the workers it employs for Live Nation as independent contractors, providing no safety training, work shoes, hard hats, and saving the expense of payroll taxes. Crew One stagehands have voted (2 to 1) to form a union, but the company is challenging the election results on the grounds that the workers are independent contractors.

FedEx is currently fighting a legal battle over worker misclassification in 27 states. Drivers are treated as independent contractors, but they must provide their own trucks painted to FedEx specifications and purchase FedEx specified uniforms, scanners, and other equipment. They also work according to FedEx hours and procedures. As independent contractors, FedEx drivers take on immense financial liability.

A tax loophole called the “Safe Harbor Rule” protects employers, allowing misclassification for tax purposes, even if it is demonstrated that they really are employees. President Obama proposed closing this loophole in his 2012, 2013, 2014, and 2015 budget proposals. The US Treasury estimates that doing so would generate $9 billion in tax revenue over 10 years.

To read the entire EPI report visit www.epi.org/publication/independent-contractor-misclassification/.

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USPS/APWU Reach Impass

apwu logoThe American Postal Workers Union (APWU) and USPS failed to reach an agreement before the expiration of the current contract in May. According to an APWU news bulletin the USPS is insisting on severe cuts in pay and benefits, though progress has been made on many non-economic issues. “Management’s economic demands and proposed changes to the workforce structure were completely unacceptable,” says APWU President Mark Dimondstein.

Among the Postal Service proposals are:

  • eliminate of current cost-of-living adjustments.
  • Increased employee contribution to healthcare.
  • Permanent lower payscale for future career employees with reduced benefits.
  • Increased percentage of noncareer employees.
  • Weakened layoff protection.

APWU proposals include fair and reasonable wage increases, limits on subcontracting, more career jobs, improvements for Postal Support Employees, limits on excessing, and better service for our customers, explains Dimondstein. The talks will now go to mediation.

Copyright Extended and Anti-Union Bill C-377 Moves Forward

 

Prior to May of this year, the copyright on sound recordings in Canada extended 50 years after release. In a surprise move, the Harper government, without any public consultation or discussion, moved to extend protection to 70 years as part of the budget. Sadly, the change did not include authors and publishers, where copyright protects the song for the life of the author plus 50 years.

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Oil Worker Strike Expands

Oil workers at three more refineries and a chemical plant joined the United Steelworkers (USW) strike that began in February with around 3,800 members from nine refineries. According to the AFL-CIO’s Mike Hall, the total number of striking workers is now 6,550.

The union is bargaining for new labor agreements to cover some 30,000 workers throughout the oil industry at 65 refineries and hundreds of pipelines, terminals, petrochemical plants, and other facilities. Adequate staffing, worker fatigue, and safety are major concerns, explains USW Vice President Thomas Conway.

A February explosion, which injured four workers at an ExxonMobil refinery in Torrance, California, reinforced the issue of refinery safety. Support safe refineries and safe refinery communities by signing the poll at: http://www.usw.org/act/oilsafety

AFM Updates “ Road Gig ” Assistance Policy

When musicians travel to perform they face a host of challenges—from transporting and setting up gear in a new space, to finding a great late-night eating spot, to getting their instruments across a border or in the cabin of an airplane. The last thing any traveling group wants to worry about is getting “stiffed” on a gig.

If that ever does happen, though, the AFM offers help through “Road Gig,” an AFM policy to assist traveling musicians in the event of contract defaults. But what exactly is Road Gig?

First, let’s talk about what it isn’t. Road Gig isn’t roadside assistance, help at the border with a missing visa or passport, nor help in the event of stolen instruments or equipment (instrument insurance is offered through Mercer in the US and HUB/Intact in Canada). It is assistance with contract enforcement, in cases where a venue or purchaser defaults on payment.

Qualifications

The AFM will assist with collecting on defaulted contracts, when the following criteria are in place:

  • The claim is for a traveling engagement.
  • The engagement is covered by a written AFM contract (for US engagements only, other written contracts may also be accepted).
  • The contract must have been filed with the appropriate union local, and must meet minimum scale.
  • Each instrumentalist and member vocalist who performed/would have performed, must be a member in good standing at the time the engagement was scheduled/performed.

The policy does not apply in cases where the venue/establishment is covered by an existing AFM Collective Bargaining Agreement, or in cases where musicians are acting as a backup unit for a traveling “name” artist/act.

Making a Claim

Claims can be made by calling 1-800-ROADGIG in the US, or 1-800-INFOFED in Canada. Claims can also be made via e-mail, to roadgig@afm.org. Any calls or e-mails received after normal business hours will be responded to on the next business day. Claimants should include a copy of the defaulted engagement contract, and all other pertinent information, such as venue and purchaser details, in their claims. Upon reviewing all this, the AFM will determine the appropriate course of action, and do everything it can to effect an equitable resolution to the claim.

Enforcement and Collections

When claims are made, the AFM’s Touring, Theatre, Booking and Immigration Division will determine how best to pursue the claim. This usually begins with an official letter to the purchaser/venue to demand payment. If there is no immediate resolution, the AFM will seek authorization from claimants to pursue a legal collection process. At a minimum, the AFM may elect to pay musicians the Traveling Scale, at $150 for leader and $100 for side musician, for the defaulted gig.

When it comes to road gigs, the AFM isn’t going to rush in and change a flat tire or keep a restaurant open past midnight. But we can help our AFM traveling members from being left out in the cold, when it comes to their gig contracts

Could the Working America Concept Work for Musicians?

One of the fastest growing organizations in the country is Working America (www.workingamerica.org). It mobilizes working people 365 days a year, contacting them at home to talk about jobs, health care, politics, and items that working families confront daily. The AFL-CIO initiated Working America to target nonunion working people. These are people who do not have the benefit of collective agreements.

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Healthy Families Act Would Let Workers Earn Sick Time

In February, Senator Patty Murray (D-WA) and Representative Rosa DeLauro (D-CN) introduced the Healthy Families Act to give workers the opportunity to earn up to seven paid sick days. More than 43 million American workers currently earn no sick time and have to make a choice between losing wages and staying home if they or a family member are ill.

According to the AFL-CIO website, more than four in 10 private-sector workers and 81% of low-wage workers do not have paid sick days. A 2014 study by the Institute for Women’s Policy Research shows that Latinos and those who make less than $20,000 a year are the workers least likely to have paid sick days. Even worse is the fact that many of the workers without sick days are food preparation or service workers, despite health department recommendations that these workers not go to work sick.

There is growing momentum across the country to pass paid family leave and paid sick days legislation. Twenty jurisdictions nationwide now have paid sick day laws in place. Philadelphia is the most recent city to pass legislation.

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Fired Nurse Ann Wayt Is Vindicated

An Ohio nurse with a “spotless” record who spoke out for patient advocacy and unionism won a defamation verdict, and $2 million in damages, against the hospital, Affinity Medical Center of Massillon, Ohio, which illegally fired her and tried to have her nursing license revoked. The nurse, Ann Wayt, was fired in 2012, shortly after Affinity nurses voted to join the National Nurses Organizing Committee-Ohio, an affiliate of National Nurses United (NNU).

The Massillon Independent reported that Wayt’s attorney told jurors that the hospital’s actions were meant to send a message to union supporters and damaged Wayt’s reputation in the industry. NNOC/NNU Co-President Malinda Markowitz, RN, praised Wayt for “standing up for herself, her family and her colleagues against the harassment and attacks by a multi-billion dollar corporation on their right to form a union.”

Coalition of Immokalee Workers

Coalition of Immokalee Workers Receives Presidential Award

Coalition of Immokalee Workers

The Coalition of Immokalee Workers (CIW) has fought for the rights of Florida’s farm workers for more than 20 years. It pioneered the worker-based social responsibility model, the Fair Food Program, which included workers in addressing exploitation and abuse and has worked to eradicate forced labor in Florida’s tomato fields. In recognition of CIW’s achievements, Secretary of State John Kerry presented the organization with the 2015 Presidential Award for Extraordinary Efforts to Combat Human Trafficking in Persons.

Organizing and Research – A One-Two Punch

by Ed Gutierrez, AFM West Coast Organizing Coordinator

It has often been said that organizing is the lifeblood of the labor movement. Without a doubt, there is nothing more powerful than workers coming together and marching in lockstep toward a common goal. Whether it’s pushing for worker-friendly legislation, bargaining contracts, addressing issues on the shop floor, or fighting for union recognition and respect from our employers and the industry, we must either organize or perish. But, no matter what the goal, successful organizing goes hand in hand with an informed understanding of the environment and the interrelationship between the elements within it. To gain such an understanding, research is critical.

Successful organizing requires a strategy to win. And, while member activism and the capacity to mobilize workers can mean the difference between life and death for a union campaign, research is key in developing a strategy that will give workers a roadmap to victory. Organizing without solid research can sometimes be like shooting in the dark. Research shines a light, and regardless of the challenges we seek to overcome, our work in organizing depends on our ability to see all of the strengths, weaknesses, opportunities, and threats we face along the way and to plan accordingly.

Union campaign research focuses on a range of areas and issues that can be touched on in the course of any given campaign. Research that organizing unions typically conduct include:

  • Market Research—Where does a particular entity sit within a specific market in terms of size, financial strength, etc.? Who are included in the universe of players within that market? How do entities in a particular market relate to and compete with one another?
  • Corporate Research—What are the regulatory structures that surround a firm or an industry? Who are a firm’s owners, shareholders, operators, managers, customers, suppliers, and other important related parties? How profitable is a particular company? What is the company’s business plan?
  • Policy Research—What legislative angles can be explored to address the union’s issues and concerns? What processes need to be followed and what structures need to be maneuvered through in order to affect policy in a given city or state? Who are the elected officials and community organizations necessary to engage around policy initiatives?

AFM members are using research to help in organizing and building power for musicians. Recent examples from our union show how research is playing an increasingly important role in the organizing work we do. For example, in December 2014, the Los Angeles Alliance for a New Economy (LAANE) released its groundbreaking report, Keeping the Score: The Impact of Recapturing North American Film and Television Sound Recording Work.”The LAANE report fills a void in what has been an otherwise rhetoric-heavy debate by taking a thorough look at the problem of “runaway” post-production through a fact-based, data-driven analysis of the factors that contribute to the increasing loss of film scoring work for AFM members.

The study—with research conducted in part by rank-and-file musicians themselves—gives us a wealth of powerful information to work with in organizing for more employment and in seeking to affect change on a policy level. Here are just a few of the report’s findings:

  • The film and television industry is extremely profitable and studios can afford to do scoring work at industry standards. The year 2013 was the highest-grossing year on record for the North American box office with $10.9 billion in revenue.
  • By offshoring scoring work, production companies save less than one-quarter of one percent of a film’s production budget—or $143,000 on the typical $65 million film.
  • In the case of Southern California, bringing scoring work back to the level musicians saw in 2000 would bring an estimated $37.5 million in total annual economic impact to the Los Angeles region.
    You can see the full report here: http://www.laane.org/keeping-the-score/.

AFM’s Organizing & Education Division is also currently providing research support for members at locals in both Seattle and Portland in their unique but related work on building our union’s Fair Trade Music program. This includes market-based research aimed at gaining a more complete understanding of the club scene in these respective cities, and research looking at questions about how public policy in those cities impacts musicians.

Conducting research can also provide an important organizing opportunity itself. This is an especially effective tool to build the union in the case of new organizing when the AFM works with musicians who seek to improve their working conditions by organizing into our union. After all, who better to gather information about any number of issues related to an industry than the workers within that industry?

Ultimately, research is central to any comprehensive organizing strategy. Not only does good research arm workers with the facts, figures, and expertise needed to stand up to power and stake out a position around the issues important to our livelihoods, but it also allows us to see clearly how a comprehensive plan can be developed in an organizing campaign. Good research allows unions to develop the necessary support for our work in the community and to effectively engage employers around our issues. And that’s powerful stuff.

—Ed Gutierrez is AFM’s West Coast Organizing Coordinator. Gutierrez has worked since 2000 as an organizer and strategic campaign researcher for several unions, including SEIU, AFSCME, and UNITE-HERE.