Breaking... Big Win for Labor in US Court

[Omaha Steve]

http://www.examiner.com/conservative-in-chicago/judge-re-mcpier-no-interference-collective-bargaining

* April 1st, 2011 2:42 pm CT

Michael Barnes

* Chicago Conservative Examiner

In a ruling that has far-reaching implications for Wisconsin, Ohio, Michigan, Maine, Indiana, Iowa, and Missouri, a federal judge threw out labor law reforms at Chicago’s McCormick Place that the Illinois state legislature enacted in 2010 following supplication from the convention industry.

The ruling by U.S. District Judge Ronald Guzman affirms that collective bargaining rights cannot be overturned by governmental edict. Guzman told the Legislature “it had no business trying to interfere with collective bargaining” according to Marvin Gittler, an attorney representing Local 727 of the Teamsters.

Guzman held that the National Labor Relations Act preempts the Legislature from dictating terms for unions working at McCormick Place. This ruling is similar to the finding of The International Commission for Labor Rights, which has said, in part: The ICLR identified the right of "freedom of association" as a fundamental right and affirmed that the right to collective bargaining is an essential element of freedom of association. These rights, which have been recognized worldwide, provide a brake on unchecked corporate or state power.

In 1935, when Congress passed the National Labor Relations Act (also known as the NLRA, or the Wagner Act), it recognized the direct relationship between the inequality of bargaining power of workers and corporations and the recurrent business depressions. That is, by depressing wage rates and the purchasing power of wage earners, the economy fell into depression. The law therefore recognized as policy of the United States the encouragement of collective bargaining.

FULL story at link.

[Tansy_Gold]

1. + bazillions and bazillions. n/t

[FreakinDJ]

5. K&R ..... [phone] 000 000 000 000 000 000 .00

some thing like that

[louslobbs]

28. I'm just going to go with your post FreakinDJ so I don't have to type all of those Zeros.

thanks.
Lou

[Plucketeer]

90. ME TWO!!!

I wanna get in on the zero-fest! Let's take it higher than we can count - buzzle-dillions perhaps??? WAH-Hootie!

[FreakinDJ]

103. 275 is the most Recs I have ever seen on any thread

[iwishiwas]

2. So, this national news is stuck in a conservative blog. dah!! Thanks for the

post. I will send it around.

[iwishiwas]

86. I just realized that the author is a long time union man-and writer.

[BlueJazz]

3. Hey Repugs....How about sticking THAT one up your Ass ??

You wasted all that time and effort for absolutely nothing...instead of trying to make the world a better place.

[roguevalley]

83. Walker cut his own throat using a law that is illegal. BWAHAHA!

[LiberalEsto]

4. Look closely at this sentence from the OP

"...by depressing wage rates and the purchasing power of wage earners, the economy fell into depression."

That was part of the rationale for the 1935 National Labor Relations Act.

The corporate bastards deliberately have been driving down wages and reducing our purchasing power over the past three decades to create the current depression, which they euphemistically call a recession.

There isn't going to be a recovery. They don't want a recovery. They're in the catbird seat. There are so many people out of work that they'll jump at a job like working as a cashier at WalMart.

[aquart]

6. Uh, but who will be able to afford Walmart.

Another shortsighted policy gone radioactive and leaking into the ocean.

[FreakinDJ]

9. Milton Freidman even stated as much

although RATpubliCON talking heads keep trying to insist he meant Corporations when he referred to "Consumption"

Every one knew at the time Corporations purposely held off making any purchases once prices began to fall as to drive them down further. It was like "Money in the Bank". "If you hold off that durable goods order for 6 months then you can realize a 10-20% savings

[pacalo]

12. +1.

[freshwest]

80. Boss Tweed quote: You can always pay half the poor to kill the other half.

[Drale]

7. Ok I am all for labor but

some of those rules are completely ridiculous. For instance in order to plug something into the wall, you have to call the electrician and pay him for a hours work even if he only works 2 minutes.

[murielm99]

11. Show me that in writing. n/t

[dixiegrrrrl]

25. Our electrician charges 45.00 to just show up.

Plus . 50.00 an hour.
To put a new handle on a frozen outdoor faucet last year cost me 100.00.

also, most garage mechanics charge by 1 hour minimums.

[tblue37]

27. You remind me of some parents who didn't want to pay full rate when

I had a home daycare. They expected me to hold open one of the 6 slots I was allowed by law, so their child could have it whenever they needed it, but they would take the child out of care for a few hours or days whenever they could, like when grandparents came for a visit, and sometimes even for a week or two at vacation time, and expect their daycare costs to be reduced because the kid wasn't in care every single day or hour.

But my overhead remained the same, and the slot that they had taken could not be given to someone else for a few hours or days here or there, so I would not have been able to stay in business if I didn't charge full rate for someone's child who was taking a slot, even if the child was out of care from time to time!

But at the same time, if they left the kid way past closing, they didn't expect me to charge extra, and of course I was never, ever, ever supposed to raise my rates, even after several years.

An electrician has overhead, too, and coming out on a call for you means he can't go out to someone else's house to do a job--and a job that might be worth a lot more. Even if it only takes 10 minutes to do the job, he still had to turn away any other call that came in during that time, and he had to use gas to get to your place, and maybe he also has costs for the person who takes the call, if he has help, and the biulling costs.

You might not realize how much it costs the electrician to operate his business, so that going out on a call is not all profit for him. Furthermore, you are also paying for the years he spent training to become an expert. That's why a doctor gets paid so much more than some other workers. A doctor has to put in many more years of difficult training, and that training costs him or her plenty of money, so when we go to the doctor, we are in part paying for his or her training.

[dixiegrrrrl]

30. Where in my post did I say I was complaining???

You obviously missed the fact I was replying to a previous poster who was questioning the validity of plumber charges, so i shared what ours charges.
I was stating fact.

[tblue37]

38. Sorry. I responded to the wrong post. I meant to respond to the same one you were responding

to, I think.

Sometimes I post in a hurry without realizing that I am replying to a reply to the post I mean to reply to, rather than the original post!

[dixiegrrrrl]

49. Ahhhhh....I see.

[Enthusiast]

50. Does your electrician do your plumbing work?

Is your garage mechanic unionized?

[dixiegrrrrl]

101. The electrician is also a licensed plumber, the mechanic owns his garage, no help.

Around here, people often have 2-3 different or related businesses going.
Electricians are all but impossible to find, there are few of them in a 100 mile area.
My roofer ( very experienced) also raises cattle, we buy meat from him.
When a hurricane hits, I want him to inspect my house as soon as possible,
so being a beef customer is a smart thing to do, not to mention the joy of organic beef.

We are 90 miles from any city, very rural.

[TBF]

59. Of course they do - they are charging for their time.

It costs money/time for them to get to your particular home. When you think about what lawyers and doctors charge per hour you are getting a bargain for $50/hr.

[LiberalFighter]

79. Most of your home repair people are not union.

But, the business that employs their people have to charge so they can pay their employee, clerks, and make a profit.

Your new faucet handle sounds more like he replaced the spigot too.

I understand what you are saying about the cost. I called about fixing/replacing my garbage disposal. When I got an estimate I told them no and did it myself. It wasn't that easy but I got it done. Saved money but it did cost me time.

[lumberjack_jeff]

81. If you don't want to develop the skills to replace a faucet handle, you have to pay someone who does

No one is entitled to anyones labor.

Those rates are fair.

[Jackpine Radical]

82. Right. And he'll be damn lucky if half of his hours in a week

are billable, and out of that he has to pay for vehicle expenses, tools, maybe added training, etc. If he's an independent, he has to figure out how to get health care, plan for retirement, etc. At $50/hour and 50% billable hours, his gross is $50K.

Your doctor charges a helluva lot more per hour than that. And he has to pay med school loans, etc.

[ChairmanAgnostic]

39. trust me, that was the case at McCormick Place.

You could not screw in a light bulb, nor even plug in your laptop. And if you bitched about the price, they would put you at the bottom of the list.

Because of those rules, McCormick has lost most of its biggest customers for conventions.

[global1]

44. I Attend A Lot Of Shows Around The Country And McCormick Place Is The Most Expensive......

the unions in this case are shooting themselves in the foot. Major shows are leaving Chicago or not even considering Chicago McCormick because of the excessive fees charged because of union contracts. What will wind up happening is that the Unions might have won the battle this time - but they are going to lose the war. I saw that it started to happen already - before they changed the rules and the fees were still excessive. Once large shows became smaller shows as many exhibitors dropped out of attending because of the fees. Many big shows either pulled out or threatened to pull out of Chicago McCormick Place. When they were able to make fees on par with other major cities - some of those shows reconsidered and indicated they would still hold their shows at McCormick. Now that this is reversed by the courts - I wonder what will happen. If they pull out of Chicago - there will be a lot of union workers with no work to do. At least if they made their fees reasonable and didn't charge for every little thing - they would still have a job. In this case if I was a Union worker at McCormick Place I think I'd rather have a little smaller piece of more shows than a bigger piece of no shows.

This really puts me in a quandry - because I support Unions and Union workers - but in the case of McCormick Place I personally experienced the excessive fees and stopped exhibiting at these shows. I have a smaller company in relation to some of the big corporations that can still afford to go to attend and exhibit at these shows. This is another case where big corporations are squeezing out the little guy. This time with the help of the Unions.

I really don't know what the answer is here - but my company can't afford to compete with the excessive fees that are charged at McCormick Place.

It's going to be interesting to see how our Mayor Elect will deal with this problem. Whatcha gonna do Rahm?

[Omaha Steve]

47. Race to the bottom

IF corporations hadn't squeezed smaller company's, this would seem like an average expense. If unions in other locations hadn't been broken. If only I were awake enough to finish this post.

I'm shutting down. I can't keep my eyes open.

[Tansy_Gold]

102. I was thinking the same thing, Steve. n/t

[sulphurdunn]

65. What's your take on this?

"Before the General Assembly passed the ‘reform’ legislation, unionized trades had lowered their hourly rate and changed work rules, and had complained that exhibition contractors were pocketing the savings instead of passing it on to the exhibitors."

[Omaha Steve]

13. Lets add it up, the trip charge

Let me see. The office is in business to make a profit. They pay a licensed electrician with benefits to do the work. Plus they have rent, utilities, insurance, postage, supplies, office help, the cost of the truck, GAS for the truck, travel time, the boss gets his cut, etc.

When I delivered home heating oil (not a unionized shop) the company had a minimum of 100 gallons. I heard this answer several times from the owner explaining it to customers.

Is there a business that comes to a house without a minimum trip cost you know of?

Or pay a guy standing outside Home Depot 10$ and pray the house doesn't burn down while you sleep. :-)

OS

[mikehiggins]

15. If I had only known I never would have retired from electrical work

Most of my career consisted of working in dirty, filthy, unbearably loud and dangerous work sites with only laughable attempts at sanitary toilets or anything else resembling normal work.

If only I'd had a job where that electrician worked; I might still have working knees.

Still, I guess I should be happy that you are still PRO-labor.

[Pacifist Patriot]

62. Out of curiosity, did you ever work a convention hall for an industry trade show?

I'm asking because my sister works for a builder (her husband used to be in the trades) and I hear you. The working conditions at the work sites can be absolutely disgusting and the electricians were definitely not being paid astronomical wages by any stretch.

But I've also been on the accounting side paying bills associated with trade shows and run into some really mind-boggling charges for literally plugging in an LCD display. I'm curious if the electricians see that in their paychecks or if the excessive fees are going elsewhere.

[madrchsod]

17. yup..my wife and i used to go to mccormick least twice a year

we had a decorating business and she worked at a paint store. the trade magazines we received were complaining about the cost of setting up in chicago. over the years chicago has lost several major trade shows to non union better weather florida and vegas.

[Omaha Steve]

24. Vegas is almost fully unionized (those unions helped Harry Reid get re-elected)

But under this scenario, wouldn't they be better to fly to Mexican resorts? Dollars get more. Grade school aged kids would do it for tips.

[nosmokes]

23. TOTAL horse shit starting with you're all for labor when you keep spreading

lies like that around.You have absolutely no idea of what you're talking about.None Zero.No electrician is required for any other trade to plug a tool in.Just like the old(false)saw about the RR union requiring a coalman in the cab after the switch to diesel.Yeah, they did require a a 2nd operator in the engine cab but it wasn't featherbedding, it was a safety issue. Tell me, would you want a one hundred ton hulking piece of iron roaring into your town with the operator having a heart attack or a seizure or some other medical emergency and no one else in the cab able to do anything? But for decades that little bit has been lost and it has been taken as gospel that mean ole union somehow forced the most powerful industry in the nation at the time to keep hiring people for positions that it had no use for. For the love of pete, use your noggin. And if that doesn't work try google or wikipedia. Anything besides your asshole.

[Drale]

26. Block Ranting does not help to solidify your views

Unions Employed by McCormick Place
McCormick Place created an in-house division called the McCormick Place Exhibitor and Technical Services Department to better meet the needs of event planners and their exhibitors. The following unions are part of this team. If you have any questions about jurisdictions, please contact your Event Manager.
•Electricians: Responsible for assembly, installation and dismantle of any equipment that uses electricity as a sources of power and draws power from the building electrical system. In addition, they are responsible for electrical wiring, hookups and interconnections, electrical signs, video and audio taping and cable television hookups.
•Plumbers: Responsible for all plumbing, including the installation and tearout of tanks, compressed air, water, drain, natural gas, bottled pressurized gases, water filling and draining of tanks, installation and removal of all venting to the atmosphere, anchoring and welding.
•Communication Service Technicians: Responsible for the installation, repair and dismantle of all voice and data service including fiber optics and Internet installations, as well as performing all in-booth voice and data wiring of exhibitor-owned telecommunications equipment.

http://www.mccormickplace.com/exhibitor/gdline_serv/labor_unions.html

[HankyDubs]

36. you didn't actually

prove anything there. You just bolded the word hookups.

[cameozalaznick]

37. Electrical hookup means adding a new outlet...

Not plugging something into an existing outlet, you dodo.

[Snoutport]

32. well said!

[Scruffy1]

55. Well said

Anti union propaganda is rife on DU. I bet none of these asshats has tried to tun a company. Tradespeople are on the clock whether they are driving or working. Wonder if any of them every bought commercial insurance on a truck, or bought a $40 or fifty thousand dollar truck and all the equipment that goes on. That's besides the cost for a building, electricity, phones, and office supplies and personnel. Where I live you's go broke at $100,00 per hour real fast. Having done McCormick palace many times and similar venues, I think an electrician needs to supervise setting up because of the risk of overloading circuits. The average person will just keep plugging stuff in with power strips or whatever. That's why power strips are banned from where I work.

[roscoeroscoe]

93. true issue, few people understand loading.

they just keep plugging in stuff. i'm a satellite system operator in the army, we support for example a battalion headquarters. what do you know, our whole system got shorted out because our users inside the building kept plugging more and more stuff into one little extension cord until the load was too heavy. at least they owned up to it!

you need a real electrician to do electrical work...

[freshwest]

33. Oh, just come on out of the closet! It's safe here!

:rofl:

Wait, why is my post here? This is in reply to "I'm all for labor, but..."

Oh well.

[caseymoz]

41. A problem that takes two minutes to fix isn't worth the commute.

You're saying the guy should show up, take $2 of pay after he commuted 45 minutes to your place and 45 minutes back? That's not reasonable any way you cut it.

Maybe you should get on with customer service and have them talk you through plugging it into your wall yourself?

When that's not an option, I will note that the solution might lay in "consumer unions" and having agreements with labor unions for something more reasonable.

[roguevalley]

84. the minute you call someone you make a contract. you pay what

you owe. simple.

[caseymoz]

98. That's one way to do it . . .

. . . but we're talking about unions here. Something people find necessary to form to strengthen their bargaining power by getting a collective entity that works for them against other collective entities, that is, companies and corporations, who already have a union.

Otherwise, people's bargaining power is weak.

Do you want to talk about something else?

[fasttense]

51. I had Sears Repair come in to fix my refrigerator the other day.

You know Sears, one of those wonderful corporations that RepubliCONS think should rule the world. Well they charged me $150 just to show up. You could tell the mechanic was embarrassed when he told me. He said it was a Sears standard policy. He tried real hard to keep the bill as low as possible.

Now why do RepubliCONS think it is a ok for a corporation to charge a large minimum fee but not a union worker?

Sears in my area do NOT use union contractors. We are a right-to-be-unemployed state, I mean a what RepubliCONS call a right-to-work state. Unions are a dirty word around here and there are hardly any of them.

So, if you outlawed Unions, you would still get the $150 minimum fee but instead of the money going to the worker, electrician or mechanic, it would go to lining the pockets of a CEO. Do you think a corporation or non-union contractor would charge you less out of the goodness of their heart?

People blame the Unions for the prices when it's really the corporations who are overcharging.

[Sherman A1]

52. Precisely

Well Said and the absolute truth.

[Pacifist Patriot]

63. That's what I'm wondering about the trade show labor.

Do the workers actually see any benefit from the truly astronomical charges for something as minor as plugging in an LCD display?

[ArcticFox]

75. Thank you

Why can't people see this? It's gotta be the psychological conditioning that has us looking down on those working for a living while believing wealthy peoples' shit don't stink.

[roguevalley]

85. sweetie, sears has the GREATEST THING. I use them and it has

saved me buttloads.

Call and get maintenance contracts on your stuff. Its about 200 a year for my frig, dishwasher, washer and dryer, stove, freezer. They come out once a year and inspect them. If anything is broken or needs repair/replacing, they do it. My cost. Zip. They replaced the mother board on my washer. Zip $. They fixed my dishwasher twice and replaced parts. Zip $. Doesn't matter if you bought your stuff from them or not. They will cover it. I think it cost me about $800.00 for the first contract of three years. I probably had in parts and labor about 2 grand of savings because of this. Do it. I will always do it. The workers are great and the people on the phone too.

[TBF]

58. What kind of a bullshit post is this? Take your anti-labor

sentiment elsewhere.

[Pacifist Patriot]

60. Actually, my company is running into that right now.

We're setting up for a trade show in Vegas and finding we're having to pay some pretty hefty charges for assorted labor at the hall. I've heard Chicago is far worse.

I think people are connecting your comments to residential electricians rather than what happens at a trade show in a convention center.

I'm all for collective bargaining, and thoroughly applaud the ruling. But yeah, there are times when it can result in what seems like bizarre fees to the customer. Or at least seem to. I'm wondering who actually benefits from those excessive charges.

And don't anyone dare try to paint me with an anti-labor brush.

[ArcticFox]

77. You're a captive audience

I'm not sure who's benefitting at a trade show, but it sounds like the same concept that results in $5 hot dogs at a ballgame.

[LiberalFighter]

78. If you are referring to commercial electricians that is determined by the owner.

The scenario you describe where there are rules would be in a union shop workplace. That electrician is on call for the whole day at the worksite to perform their duties which they were trained to do. They weren't trained to do carpentry, millwright, plumbing, etc. And most workplaces have enough work that require specialized tradesmen. And anything they do during their work hour would not result in extra pay.

By the way, plugging something into a wall isn't something that would be part of their duties or only permitted by them. Unless, there is a safety issue most likely in a factory setting. There would be a lockout to prevent someone turning something on they shouldn't because work is being done.

For electricians, plumbers, carpenters, etc that are hired to do work in the home. They are not necessarily union workers. The same goes for construction sites.

[RetroLounge]

89. No, I don't think you are...

"Ok I am all for labor but..."

:rofl:

RL

[jwirr]

8. That is the greatest news we are going to get today. No matter what

else happens.

[pacalo]

10. OMG, that is beautiful! That wise judge provided the missing puzzle piece that

creates the entire picture of the logic behind collective bargaining.

The ICLR identified the right of "freedom of association" as a fundamental right and affirmed that the right to collective bargaining is an essential element of freedom of association. These rights, which have been recognized worldwide, provide a brake on unchecked corporate or state power.

Outstanding!

[FredStembottom]

19. Last night, the Freedom of Association angle was popping up....

...in other news stories. Suddenly the entire nation is having a "Duh!" moment.

That's what makes these state-level Hitlers so shocking and enraging.: they truly are chipping away at basic, constitutional rights.

The "Gummint off'n my back" people are really here to repeal your constitutional rights.

[freshwest]

35. Yup. If owners can organize themselves, why not workers? Doh!!!

Besides, it's part of the Human Rights listed by the UN.

Which we are still enjoined by treaty to, aren't we?

[gtar100]

46. That's exactly right. We should not be "asking" for the right to collectively bargain.

In truth, they have no right to make it illegal.

[postulater]

14. +10 to the googol power!

Exactly!

"The ICLR identified the right of "freedom of association" as a fundamental right and affirmed that the right to collective bargaining is an essential element of freedom of association. These rights, which have been recognized worldwide, provide a brake on unchecked corporate or state power."

:bounce:

[happyslug]

16. More on NLRB vs Jones and Laughin Steel Company (1937) Supreme Court case

http://en.wikipedia.org/wiki/National_Labor_Relations_Board_v._Jones_&_Laughlin_Steel_Corporation
http://law.jrank.org/pages/8822/NLRB-v-Jones-Laughlin-Steel-Corp.html

The actual Decision:
http://supreme.justia.com/us/301/1/case.html

[freshwest]

18. Thanks for the good news, Steve

[doc03]

20. So does this mean that SB5 in Ohio violates the NLRA

according to that judge? If that is the case won't the Rethugs take it to the SCOTUS where they will overturn it with a 5-4 vote?:shrug:

[madrchsod]

22. contract law is something that they would have to look over carefully

they could unravel a lot more contract law than just this ruling

[madrchsod]

21. this is one of the major reasons the right is trying to kill collective bargaining..

dues deductions and in Florida-permission by the union member to fund the political messages

http://domemagazine.com/ep/ep0201102

the illinois ruling throws a big wrench in the right's plans to kill the unions by de-funding them.

[defendandprotect]

29. kr

[Snoutport]

31. Awesome news from Omaha!!

[DeSwiss]

34. K&R n/t

[drm604]

40. This is great.

My biggest fear now is that it will go to the USSC and could go either way there.

[caseymoz]

42. Excellent News. You talk about a turning point. nt

[Freethinker65]

43. Ron Guzman is my neighbor...

I knew he was a Federal Judge, but just found out about this ruling... I'll be sure to say "hello" next time I see him walking his dog.

[Tripod]

45. Excellent! n/t

[Citizen Worker]

48. Next stop the US Supreme Court and I'm not willing to place a bet on the outcome.

[peace frog]

61. You got that right

It's a losing gamble from our side of the table.

[Sherman A1]

53. Yes!

:toast: :bounce: :dunce: :thumbsup: :hi: :kick: :fistbump: :donut: :applause: :woohoo: :wow:

[tavalon]

54. That's the best news ever

[jerseyjack]

56. Regarding Union Abuses at McCormack,

remember there are only one or two shows there each week. They take one day to set up. That means the guys are working one or two days per week and on hold for the rest of the week. Should their compensation reflect staying on hold for the other five days?

[HillWilliam]

57. SOOOOO K and R! n/t

[sulphurdunn]

64. This could raise some interesting

issues for those states with legislative bans on public employee unions.

[Soylent Brice]

66. finally, some good news.

K&R

[The Backlash Cometh]

67. We were a lot smarter in 1935

File this one under the no shit sherlock folder:

"That is, by depressing wage rates and the purchasing power of wage earners, the economy fell into depression. The law therefore recognized as policy of the United States the encouragement of collective bargaining."

[WillyT]

68. + 1,000,000,000... K & R !!!

:bounce::woohoo::bounce:

:kick:

[tcaudilllg]

69. Towards a final victory!

[RyanPsych]

70. The court system

seems to be the only pro-people branch left in the U.S. - not counting the "Corporations are people" Supreme Court, of course

[WhiteTara]

71. Now, on to enforcing it! n/t

[mikekohr]

72. I Wish I Could Rec This a Thousand Times

25 in '12

[crickets]

73. Woohoo!

Thank you, Judge Guzman.

[derby378]

74. I LIKE THIS.

[Chorophyll]

76. That's more like it!

:applause:

[florida08]

87. Omaha Steve you just made me smile

these are for you



For those who are getting overcharged by their plumber or mechanic keep in mind that unless he works solely for himself the wage per hour does not go into his pocket alone. He might get half. He has to overcharge for parts and labor because the boss he works for has told him to. My a/c guy and locksmith both have told me that without any prodding by me. Have had them for years and have notice increases in the charges. You can't just call up a union and have them send out a plumber or electrican. He has to work for someone else unless he's freelance.

[SlimJimmy]

88. This ruling refers to private sector unions.

So, the WI ruling is not affected by it. As a federal public sector employee I can't strike. So what exactly is the value of collective bargaining under that scenario?

[highplainsdem]

91. Steve, I recced this since it's great news for private sector unions, but it doesn't apply to public

sector unions -- at least not if the ruling is entirely based on the NLRA, as it seems to be from the stories I've seen.

Here's a link to the reply I posted in the topic about this ruling in GD

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x801780#801966

which quotes a page on employee rights from the Department of Labor site:


The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).


I've been trying to find the full text of the ruling to see if Guzman cited anything besides the NLRA as the basis for his ruling -- if he did, there's some chance this applies to public sector employees as well -- but so far the only site I've found that has the complete ruling (which the OP in that other thread links to) is a site that shows only the first paragraph, unless you pay a minimum of $48 for one day's access.

[Omaha Steve]

95. This part does

This ruling is similar to the finding of The International Commission for Labor Rights, which has said, in part: The ICLR identified the right of "freedom of association" as a fundamental right and affirmed that the right to collective bargaining is an essential element of freedom of association. These rights, which have been recognized worldwide, provide a brake on unchecked corporate or state power.


Add the reverse play on NAFTA labor rights, and a very good argument will be made. This is being discussed heavily in public union management.


:applause:

[highplainsdem]

96. I hope you're right -- but is what you quoted there actually part of Guzman's ruling?

I read it as simply Barnes' comment on the ruling and a comparison he was making, rather than a comparison Guzman made IN the ruling.

[Omaha Steve]

99. You are correct it is not part of his ruling

But the other two rules can be used in state court. I don't think AFSCME would not spend the $ to make it class action in federal court. ;-)

[highplainsdem]

100. It will be wonderful if this can be applied to public sector employees.

There's a lot of discussion of the ruling on a DKos diary:

http://www.dailykos.com/story/2011/04/03/963023/-Judges-Recent-Ruling:-Great-Implications-for-Wisconsin-and-Labor

I'm still trying to find a (free) copy of the complete ruling. I'd love to read it.

[SlimJimmy]

104. It doesn't apply to federal public sector workers. (nt)

[PatrynXX]

92. starting to feel like the bad kid in the Incredibles

Sets up things so they can fail, and when he's there to rescue the people, he gets knocked out.

[liberal life]

94. U.S. District Judge Ronald Guzman- my new hero!

:applause:

Shall we send him thank you letters, roses, pizza?? He needs to be heralded as the hero he is, too few these days.




http://fucorporatemedia.com/

[Better Believe It]

97. K & R

[highplainsdem]

105. Steve, here's a link to a PDF file of the ruling:

http://ia600603.us.archive.org/1/items/gov.uscourts.ilnd.244135/gov.uscourts.ilnd.244135.91.0.pdf

My thanks to jberryhill for posting that in kpete's topic about the ruling in GD.