1. 2015 Legal Update: Celebrating Victories, Preparing For Challenges Deborah Prokopf, Esq. 1245 International Centre 920 Second Avenue South Minneapolis, MN 55402 612.465.0108 www.cummins-law.com This publication is not intended as a substitute for specific legal or other professional advice.

2. State Legislation Victories -- 2014 Session Women’s Economic Security Act  Expands family leave and increases protections for pregnant/nursing workers  Expands employment opportunities in non-traditional occupations  Increases enforcement of pay equity laws; No more gag on discussing wages  Requires equal treatment for pregnant/parenting workers under Minnesota Human Rights Act  Allows use of sick leave to care for family members  Allows use of sick leave to deal with domestic violence issues  Extends unemployment insurance to workers who are victims of stalking and sexual assault

3. State Legislation Victories -- 2014 Session Minimum Wage Increase  $9.50/hour by 2016 PELRA Amendments  Public employees now have the right “to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.” This protects workers who are acting outside the traditional collective-bargaining process.  Public Employment Relations Board: Open for business July 1, 2015. File ULP charges with the PERB instead of district court.

4. State Legislation – 2015 Session Earned Sick & Safe Leave Fair Scheduling Tip Credit?

5. National Labor Relations Board Revised Election Rules o Streamlines election petition and hearing process, giving employers fewer opportunities to delay, delay, delay Purple Communications: employees can use employer’s email system for Section 7 purposes during non-work time o Section 7 rights: “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection”

6. Now For the Challenges…. …and you thought this guy was the problem….

7. Recent Supreme Court Decisions First, a little vocabulary…. Exclusive representation The arrangement by which the Union speaks for all employees in the collective bargaining unit. The Employer must deal only with the Union (the exclusive representative) regarding terms and conditions of employment. The exclusive representative has a duty to fairly represent all employees in the bargaining unit. Member / Non-member A member pays full dues and enjoys all the rights and privileges of union membership (e.g. voting, running for office). A non-member pays less than full dues and does not have full participation rights, but still receives all the benefits of the union contract.

8. Recent Supreme Court Decisions Fair share / Agency fee The fee a non-member pays, in lieu of dues, to offset the union’s cost of collective bargaining and contract administration. “Right to Work” A misleading phrase used to describe laws which outlaw union security clauses in contracts. In other words, non-members in “right to work” states pay no fair share fees, yet still receive all the benefits of the union contract, and the union still has to represent them fairly in every regard, even though they contribute nothing to offset the costs of their representation.

9. Recent Supreme Court Decisions Abood v. Detroit Board of Education (1977): Public employee unions may charge non-members a “fair share” fee to offset the cost of bargaining and contract administration, but non-members do not have to contribute to political expenditures. Knox v. SEIU Local 1000 (2012): (Open season on public employees.) Harris v. Quinn (2014): Unions may not charge home care workers a fair share fee. And, by the way, we’re itching to overrule Abood.

10. What does Harris mean for me? Home care workers: Non-members don’t have to pay their fair share for representation. Union is potentially weakened. Other public sector union workers: You’re next. Private sector union workers: You’re next, too.

11. Pending Cases Friedrichs v. California Teachers Association (9 th Circuit) Teachers challenging CA’s fair share law. Plaintiffs’ argument: Being required to pay fair share fees infringes on their 1 st Amendment right to free speech.

12. Pending Cases Friedrichs, continued The Supreme Court is deciding whether to hear the case. The case likely will be heard in the fall of 2015, with a decision expected by June 2016. What would this mean? The Court has an opportunity to overrule Abood, which would mean “Right to work” for all public employees.

13. Pending Cases 14 cases around the country, including: o Greene v. Dayton  Plaintiffs’ argument: Home care workers are “domestic servants” and are not entitled to unionization. o Bierman v. Dayton  Plaintiffs’ argument: Exclusive representation by a union infringes on home care workers’ 1 st Amendment freedom of association by forcing them to associate with a union – even if they pay no dues or fees for the representation. Both cases were dismissed by the district court. Appeals are pending.

14. Wait… Unions are anti-freedom? Paying fees for representation is a violation of free speech rights? Being represented by a union infringes on workers’ freedom of association? What about workplace democracy?

15. What’s next? Home care workers are the canary in the coal mine of labor law Home Care WorkersOther Public Sector WorkersPrivate Sector Workers 2013: Harris v. Quinn. No fair share. 2016: Friedrichs v. CTA? No fair share? PLAs, Prevailing wage, etc. 2017?: Bierman, Greene, etc. No exclusive representation? TBD…

16. First they came for the Socialists, and I did not speak out— Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out— Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out— Because I was not a Jew. Then they came for me—and there was no one left to speak for me. -- Martin Niemoller

17. DON’T MOURN – ORGANIZE!

18. How Do We Fight Back? Bargain for strength Emphasize internal organizing Experiment with new organizational forms Reclaim the narrative of freedom and democracy!