Organizing – Risk Avoidance In Organizing Efforts When Good Ideas Go Bad

Introduction Plant Employee and Local Member Is Traveling To Temporary Headquarters of International To Work on Organizing Campaign. He Is Involved In Serious Auto Accident What’s Your Worst Case Scenario?

Who Does Organizer Work For Currently and While Organizing? International Local Unionized employer Independent contractor

Hybrids International Provides Transportation, Meals, But Employee is Employed By Local Organizer On Leave From Plant Pure Volunteer? Sponsorship

Factors Used to Consider for Whom Organizer Works Contract Who supervises and directs State law Benefits Provided W-2’s, 1099’s, etc.

Contractual Provisions Affecting Respective Liabilities Indemnity and Hold Harmless Provision of Insurance Provision of Benefits State Law Supervision and Scope of Duties Place of Work Time of Work

Liabilities and Exposures  Automobile  Workers Compensation  Benefits  Employment Related Practices  Defamation  Assault and Battery  Privacy  Disability  Labor Law Exposures

Who Has Exposure?  International  Local Union  Officers and Employees of International  Officers and Employees of local  Unionized Employer  Others  Individual Temporary Organizer

Transfer of Risk Insurance Contractual

Insurance  General Liability  Automobile  Employers Liability  Disability  Health Insurance  Media Liability  Union Liability

General Liability Insurance Read The Fine Print “This Insurance Does Not Apply To “Bodily Injury,” “Property Damage,” “Personal Injury”…Arising Out of Any Boycotts, Picketing, … Or Any Similar Activity Or Job Action Related To A Labor Dispute Or To Labor Negotiations.”

General Liability Exclusion For Organizing Efforts Exclusion On Local”s Policy Exclusion Not On International’s Policy Who do You Think Is Going To Be Sued?

Other Exposures Political Campaigns Support Rallys Issue Events We Are America Wal-Mart End The War Now

Risk Avoidance and Prevention Contract Prevention techniques State laws Checking driving records

Lodging Renting Apartments Reimbursing For Lodging Personal Property of Organizer

Dangerous Words Joint Venture Sponsorship Indemnification Affiliate

Worst Nightmare Rental Cars Master Contracts Non-Employee Drivers Whose Insurance Is Primary? Loss of Use, Diminution of Value, Administrative Fees

Times Are A Changing – Media and Internet Are You Covered – GL, UL, Media Policies Republication False Light, Copyrights and Trademarks Blogs and Chat Rooms Privacy

Not a Problem? Racial Slurs On Police Union Chat Room Using Company Logos – Mickey Mouse, “Can You Hear Me Now.” “ Let’s All Meet For Drinks and Show Solidarity.”

Claims Importance of Timely Reporting Who Is Responsible For Reporting Instances and Circumstances Indemnity – Wackenhut Clause

Moral Obligation Organizer Seriously Injured Who Should Pay? Who is Legally Obligated? Implied Understandings Between International and Local

Conclusion