It’s possible that I shall make an ass of myself. But in that case one can always get out of it with a little dialectic. I have, of course, so worded my proposition as to be right either way (K.Marx, Letter to F.Engels on the Indian Mutiny)
Wednesday, November 29, 2023
UK
Calls for major productivity improvements are ‘ludicrous’ warns union chief
Prospect general secretary says suggestion departments can cover funding shortfalls with new efficiencies is not credible
The leader of one of the civil service’s main unions has attacked the suggestion that public services can be protected through the discovery of new efficiencies in the wake of chancellor Jeremy Hunt’s Autumn Statement.
Prospect general secretary Mike Clancy gave his warning after Office for Budget Responsibility chair Richard Hughes told MPs that “significant” productivity boosts would be required from departments for the government to hit its projected five-year spending targets.
The chancellor has set out an aspiration to increase public-sector productivity by 0.5% a year. But Hughes told members of the Treasury Select Committee yesterday that some departments would need to find whole “percentage points' worth of improvement” in productivity because that was the implied extent of the funding shortfall being faced.
Clancy said it was not credible for ministers to expect departments to find new efficiencies after more than a decade of funding pressure and the result would be the cessation of some vital services.
“Almost 14 years on from the start of austerity it is ludicrous to think that there are significant productivity improvements to be found in those departments that do not have their spending protected,” he said.
“Of course there are always better ways of working but you can’t just pluck a number out of a hat and expect it to happen.
“Unprotected departments are already at breaking point and facing a recruitment and retention crisis. If these ‘savings’ go ahead then the government will have to stop providing some vital services that people rely on, and there is a real risk that civil servants will leave for the private sector in droves.”
Unprotected departments are those that do not benefit from ministerial commitments to maintain or increase funding levels.
The OBR projects that the effects of inflation will mean real-terms cuts of “more than 2%” to the budgets of unprotected departments. The Institute for Fiscal Studies last week put the figure at 3.4%.
VIRGINIA Richmond city workers rally outside city hall, call for agreement in union contract: 'The time is now'
Dozens of Richmond city workers and supporters rallied outside City Hall Tuesday, calling on the city to reach an agreement with them in their union contract negotiations.
RICHMOND, Va. -- Dozens of Richmond city workers and supporters rallied outside City Hall Tuesday, calling on the city to reach an agreement with them in their union contract negotiations.
"The time is now. Not next year. Now. N-O-W," said library technician of 38 years Linda Brown. "Our expectation to bargain in good faith and fairly has been ignored, disrespected, and totally lacking an urgency to move forward."
After Richmond City Council approved legislation to allow city workers to unionize in different sectors, the Service Employees International Union (SEIU) Virginia 512 was selected this summer to represent around 1,100 administrative and technical workers in departments like social services, parks and recreation, and libraries.
Union representatives said they have been meeting with city negotiators since September (including a meeting Monday), but said the city has delayed the process and created roadblocks.
"We thought we needed to have the rally today to shout about it," said Senior Library Technician Cathy Bruce, who is a part of the negotiating team.
Speakers said a contract is needed to address issues like poor working conditions, overworked staff, health benefits, and wages that have not kept up with inflation.
"It is not wrong to ask for respect, fair wages, safety on the job. And all across the United States employees are demanding equal pay for equal work," said Brown. "You're looking at under $20 an hour after 38 years. Remember this face. But they starting people now with $18 an hour. What does that say to me? They don't really care about me."
"For me, especially, I'd say one of the biggest things is, especially the Broad Rock Branch, a lot of people use our public computers. They're applying for jobs, they're applying for SNAP benefits and our computers are constantly freezing up and they lose work," said Bruce. "And all we can do is apologize and try and get on another computer and hope that one doesn't freeze, too."
The union said they have brought forward proposals to address the issues, but claim the city has not given them an effective response.
"I would say the major points are around health and safety, labor management, and wages and benefits," said LaNoral Thomas, President of SEIU Virginia 512.
"Of 20-some proposals, there have only been a few tentative agreements that look promising so far. Just in general. And we're still hoping that we'll hear more from the city," added Bruce.
In response to Tuesday's rally, a city spokesperson sent the following statement:
“SEIU Virginia 512 claims are false. The City understands the rules of negotiation and has come to the bargaining table in good faith, affirming our commitment, just yesterday, we engaged in mediation with SEIU from 9 a.m. to 10 p.m. on Monday, November 27, 2023. We will continue in the spirit of fair and equitable negotiations with the desire of reaching an agreement that works for our employees and our residents," said the statement.
The union said the next scheduled meeting is Friday, which is also the deadline in the legislation for an agreement to be reached in order for it to be factored into next year's budget process. Union representatives said they are hopeful to have an agreement reached by then, but said the two sides could agree to an extension.
If an agreement is reached, it would still require approval from the city council.
Tesla to get number plates back in blow to Swedish union workers
The latest twist in the month-long strike saga
November 28, 2023 -
Tesla sued the Swedish Transport Agency and the country’s postal service yesterday in an attempt to squash the biggest strike the American carmaker has ever faced anywhere in the world.
Just hours after the lawsuits were filed, a court in Norrköping, where one of Tesla’s service centers is based, ruled in favour of Elon Musk’s car company — the latest twist in the month-long union action. But first, a bit of context.
Postal workers across Sweden are currently refusing to handle Tesla-related mail and deliveries in a show of solidarity with mechanics who are seeking more security in their employment contracts with the EV-maker. This blockade has prevented number plates from the Swedish Transport Agency being delivered to new Teslas, as current regulations say they can only be delivered via the Swedish postal service
The suits Tesla filed were to pressure the agency to allow it to collect number plates for new vehicles directly rather than have to receive them via post. In a separate action, the firm sued the postal service to allow it to collect all the plates currently in their possession.
Now, in line with the court order, the Swedish Transport Agency has seven days to allow the automaker to collect the number plates directly or face a fine of of 1 million Swedish crowns ($95,000).
“We are pleased that with this decision, Tesla can continue to deliver new cars to our customers,” the automaker said in a statement to the Financial Times.
Elon Musk, Tesla’s chief executive, previously wrote on X, formerly Twitter, that the number plate blockade was “insane”.
The suits signal an escalation in the battle between Tesla and Swedish workers that has ensued for over a month now — and shows no sign of stopping anytime soon. How did we get here?
About 130 mechanics at seven Tesla-owned repair shops in Sweden downed tools last month after the automaker refused their request for a collective bargaining agreement. The Nordic country doesn’t have laws that set working conditions such as a minimum wage, so instead workers rely on these bargaining contracts — which Tesla have consistently refused to grant.
Frustrated, industrial workers’ union IF Metall went on strike on October 27, in an action that has quickly escalated. Dockworkers, car dealers, and the postal service have since refused to work with the US brand in a show of solidarity with the mechanics. Workers at a Swedish supplier of critical components for the Tesla Model Y also joined the walkout. The strike action now threatens to spill over into other EU states.
Musk has long been opposed to unionisation, and has so far managed to avoid issuing collective bargaining agreements in all the countries where Tesla operates. However, in Sweden such agreements are the standard way almost all businesses operate, so the workers discontent is understandable.
Seko, a Swedish trade union, said that it viewed the lawsuits “as a sign that Tesla has not been able to circumvent our sympathy action.”
Sympathy actions, where workers from other employers down tools in solidarity, are legal in Sweden, but not in many of the other countries where Tesla operates, including Germany, where it has a gigafactory.
For Seko, and the workers, “there is an easy way for Tesla to solve this, and that is to sign a collective agreement with IF Metall,” it said.
US Emory Ph.D. Student Workers Unionize, Join Organizing Wave
Emory University Ph.D. student workers have voted to unionize, the National Labor Relations Board announced Tuesday.
The vote was 909 to 73, the agency said. Emory’s provost, Ravi V. Bellamkonda, sent Ph.D. students a memo Tuesday saying the university “respects the outcome of the vote, and we are committed to bargaining in good faith with the Union as your representative consistent with our mission, vision and values.”
He said about 60 percent of eligible Ph.D. students voted.
The new union is called SEIU Workers United Southern Region Local 29, and it says it will represent all Ph.D. student workers there. “Over 7 years of effort have finally paid off, and we have joined together to say yes to a union!” the union said on its website.
This fall, Duke University became the first private university south of Washington, D.C., to have a certified graduate worker union, according to William A. Herbert, executive director of the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College, part of the City University of New York.
Union representing Warrington's striking bin workers taken to court by council
Bins haven't been emptied regularly by Unite workers since the start of October, in an on-going row over pay
Bauer Media
Author: Olivia Davies
Last updated 28th Nov 2023
A union representing striking bin workers across Warrington is being taken to court today by the Borough Council, as it hopes to avoid disruption this Christmas.
Bins haven't been emptied regularly by Unite workers since the start of October, in an on-going row over pay. This is the fourth walk-out which will end on the 4th of December. However Warrington Borough Council says there could be further action from the 5th of December until Christmas Eve.
People in Warrington are becoming increasingly frustrated: "I've got three bags in my kitchen waiting and I'm thinking I'm going to have to go to the tip. It's wrong and it's winding me up.
"The town is a mess as it is, they're cleaning up the town centre, what about where we live?"
Another person said: "It's a bit of a nightmare really isn't it? They've got to clear it up at some points. It does need sorting out, it's a sight."
In their latest statement, Unite said: "The 70 plus workers say the national pay offer of a flat rate increase of £1,925 is not good enough. The offer is below the rate of inflation and amounts to a real terms pay cut. But a complete lack of urgency shown by the council towards resolving this dispute is needlessly delaying a resolution."
General secretary, Sharon Graham said: “Throughout this dispute Warrington council has dithered and delayed needlessly dragging this strike out. Unless council leaders sharpen up, this strike will continue into the festive season.
“Unite’s support for our members remains steadfast.
"The national bargaining agreement for local government sets out minimum standards but local authorities can agree better terms and conditions for workers if they wish to do so."
Unite regional officer, Samantha Marshall said: “Warrington council is failing the workers and failing its residents. These delays are completely unnecessary and the reason why strike action could extend into the Christmas period.
“In the last 10 years local authority workers have lost a quarter of their real terms incomes because of austerity, pay freezes and the rising cost of living. It is no wonder refuse workers are joining Unite. Our membership has doubled at the Warrington depot.
“The council needs to find a sense of urgency and work with Unite to resolve this dispute.”
Warrington Council said: "We continue to pursue the legal options available to us and have been in constant liaison with our Solicitors.
"We have again asked Unite for the strikes to be cancelled immediately, but at this point the decision has been taken by their members to continue. We are also aware that Unite have stated their intention to conduct another period of strike action from 5 December until 24 December. Therefore, it is more important than ever that we continue to pursue legal action to stop any further strikes.
"We have commenced legal proceedings in the High Court and our case will be heard on Tuesday 28 November at the Royal Courts of Justice in London.
"We have always said that further strike action is an unnecessary and disproportionate measure given the resolution of the 2023/24 pay award negotiations. We strongly maintain this position and are supported by the national Local Government Employers.
"We remain fully committed to discussing and listening to the concerns of all of our Trade Unions locally, through our proper channels. This has been, and always will be, the case.
"We regret the continued disruption and frustration that our residents and communities are facing."
KOREA Labor unions slam government efforts to attract more foreign workers
Unions call for improved local labor conditions before bringing in more migrant workers
Justice Minister Han Dong-hoon talks to foreign workers at HD Hyundai Heavy Industries headquarters in Ulsan on Nov. 24. (Yonhap)
Two major umbrella unions in South Korea on Tuesday criticized the government’s latest efforts to bring more foreign workers into the country, saying that it should prioritize the “employment of Korean citizens.”
The Korean Confederation of Trade Unions and the Federation of Korean Trade Unions, which have an estimated 110,000 members combined, released separate statements protesting the government’s plan to increase the quota or E-9 visas for unskilled foreign workers.
“The government has given into employers’ wishes and demands to replace local jobs that face a chronic labor shortage with migrant workers,” the FKTU said.
“It is a decision that destroys and disrupts the local labor market instead of (looking for) ways to help Korean job seekers get new jobs,” it added.
The FKTU also criticized the current lack of protections for foreign workers here, saying that the latest plan overlooks the existing problems by merely focusing on bolstering the workforce without providing the necessary protections.
“The jobs that suffer from a labor shortage will be replaced with migrant workers, but there will be blind spots stemming from existing labor laws,” the FKTU explained.
The KCTU echoed its fellow umbrella union’s remarks, saying that the government’s employment policy update neglects the local labor community.
“We are expressing our concerns over the government’s latest move which turns a blind eye towards improving the wages and existing labor conditions for local workers in the industries struggling with a labor shortage,” it said in a statement.
“It is worrying that the government believes that simply hiring foreign workers will resolve the issue.”
Meanwhile, an expert recently forecast that Korea’s economy would see wider-reaching effects if it accepts an increased number of foreign workers without fully understanding the changes such an influx could bring.
“(Korea’s economy) will suffer bigger side effects when it accepts more unskilled migrant workers instead of utilizing the existing local workforce here,” said Kim Sun-bin, an economics professor at Yonsei University, during a lecture held at the Bank of Korea on Friday.
Kim's claims stem from data he compiled based on a prediction that an annual increase of 5 percent in the number of foreign workers aged between 25 to 44 will take place in the Korean workforce over the next 200 years.
He explained that Korea should fully consider the costs of accepting more migrant workers, including risks tied to the possibility of increased racial tensions.
“It’s a complicated issue because it involves a change in demographics. There are several costs that need to be considered.”
The Ministry of Employment and Labor and the Office for Government Policy Coordination on Monday announced its plans to launch a test trial to hire unskilled foreign workers in restaurants, forestry and the mining industry across Korea for the first time, starting next year.
The government also plans to increase its quota for E-9 visas for unskilled foreign workers next year by 37.5 percent to 165,000. The number represents the largest increase since Korea adopted the Employment Permit system in 2004 to address a chronic labor shortage.
Korea is currently grappling with the world's lowest birth rate and a rapidly aging population.
Grounds crew members load cargo into an Amazon Prime Air aircraft at the company's air hub in Hebron, Kentucky.Photograph: Jeffrey Dean/Bloomberg via Getty Images file
Workers at Amazon’s largest air hub in the world allege Amazon is retaliating against them as they try to organize their first union.
The workers at the 882-acre KCVG air hub in Hebron, Kentucky, have been organizing “March on the Boss” actions at the Amazon facility in which staff confront managers en masse to “demand an end to union busting”, which they claim includes write-ups and other disciplinary actions against workers.
Workers at the facility are calling for a starting pay of $30 an hour, free on-site childcare, double pay for flex (overtime), professional translation and union representation.
More than 4,000 workers are employed at the Amazon KCVG air hub. Workers involved in organizing the union drive claim they were targeted after collecting union authorization cards to file with the National Labor Relations Board (NLRB).
Marcio Rodriguez, an Amazon worker for more than three years, joined the union organizing drive at KCVG in response to an experience at a nearby Amazon site where he said he was terminated when his visa expired. Despite having an extension, Rodriguez said, he was notified that he had lost his job. He only found out when he tried to clock in for work and his pass didn’t work.
Rodriguez said Amazon managers deter workers from unionizing with claims that unions are businesses only interested in union dues and portraying signing union authorization cards as ceding rather than exercising rights.
“We’ve told workers a union is not a business; we’re here to fight for each other to get better benefits, better pay and better working conditions, and that’s really hit home for a lot of workers – we’ve had over 1,000 workers sign union authorization cards,” said Rodriguez.
Unionizing efforts by workers at Amazon have been stymied since the first Amazon warehouse in the US won a union election in Staten Island, New York, in April 2022. Amazon filed objections to the election, which an NLRB regional director dismissed, a decision currently being appealed. Objections over Amazon union elections in Albany, New York, and the rerun union election in Bessemer, Alabama, are still awaiting decisions by the NLRB.
Amazon spent more than $14.2m on union avoidance consultants in 2022.
According to the NLRB, 222 open or settled unfair labor practice charges as of September 2023 have been filed against Amazon in 25 states.
“They want to treat us like retail workers out there. I’ve had multiple managers tell me this is no different than a fulfillment center, which is a complete lie. There is so much liability we have out there, and it is so easy to get hurt,” added Rodriguez.
“We have co-workers who are homeless and sleeping in the parking lot because inflation has gotten so high. They could pay us the $75m Jeff Bezos spent on a support yacht. Each plane we push out there has over $100,000 in freight in it. So there’s no reason the money isn’t there, they just want to be greedy and keep it.”
The union recently alleged that 12 workers involved in organizing for the Amazon Labor Union in the parking lot outside of work hours have received final written warning notices for doing so, placing them at risk of job termination.
A spokesperson for Amazon said the warnings were for policy violations and denied they were related to any cause or group the workers support, claiming Amazon has policies to prevent blocking access to site.
Several unfair labor practice charges have been filed by workers with the NLRB at the air hub against Amazon this year related to the union organizing drive.
“I’ve talked to so many people who have two or three other jobs, just because they can’t afford to make ends meet working at KCVG,” said Jordan Quinn, who has worked at Amazon for more than a year and one of the workers who recently received a final warning from Amazon. “It should be that one job is enough. Jeff Bezos doesn’t have two different jobs. Jeff Bezos doesn’t have to clock in for 54- to 60-hour weeks, Bezos can be on his yacht in the Mediterranean enjoying the sunshine. I wish I could ever afford to go to the Mediterranean – you know, I can barely afford my rent.”
Quinn argued peak season pay bumps at Amazon have declined compared to recent years and that annual wages have been undercut by increases in insurance costs.
“Amazon says that safety is a top priority – in reality, profit always really comes first, pushing out more volume always comes first,” added Quinn. “Despite all of Amazon’s corporate speak and their policies, they don’t actually care about workers. What they put first is their profits and how much volume they’re pushing out. And I think it honestly shows that we can’t trust them to make things better. That’s why we have to get organized and fight. We’re the only ones who have each other’s backs in there.”
A spokesperson for Amazon said in an email: “Our employees have the choice of whether or not to join a union. They always have. We favor opportunities for each person to be respected and valued as an individual, and to have their unique voice heard by working directly with our team. The fact is, Amazon already offers what many unions are requesting: industry-leading pay, health benefits on day one, and opportunities for career growth. We look forward to working directly with our team to continue making Amazon a great place to work.”
Legoland trying to deter ride techs’ bid to unionize, workers say
Exclusive: ride technician engineers in California say union avoidance consultants brought in after filing for union election
Legoland in Carlsbad, California. Photograph: Daniel Knighton/Getty ImagesNovember 29, 2023
Lego play sets have captivated children and adults alike for decades, but engineers at Legoland California are dealing with blocks of a different kind: opposition from management and hired union avoidance consultants trying to deter their bid to formally unionize.
Ride technician engineers at Legoland in Carlsbad, California, filed for a union election to join International Association of Machinists and Aerospace Workers (IAMAW), District Lodge 947 in September. They await a ruling by the National Labor Relations Board on accepting their bargaining unit, and permitting the election to be scheduled.
“The big focal point they have is a complete and utter lack of fairness,” said William Corona, business representative and organizer with IAMAW, District Lodge 947. “When we first got into the impact of what that meant with the workers, it got into extreme amounts of favoritism and nepotism. Some of these ride technicians are getting zero raises and it’s based on who you know and how well you are with the supervisors.”
The engineers “stood up and said ‘enough is enough’,” Corona added. “Signing a union authorization card and reaching out is already commendable and empowering alone.”
This action amounts to a “historic presence” at the resort, according to Corona. “Our future members there want fairness. They want to be recognized not just as a number, but as a person and Legoland is not doing that, and they haven’t been doing that.”
Legoland California – the first Legoland theme park in the US – is often rated as one of the most popular amusement parks in the world. Opened in 1999, the park was acquired by Merlin Entertainments in 2004. The family of Kirk Kristiansen, who controls Lego, later led a £5.9bn takeover of Merlin in 2019.
One worker at Legoland described lagging and low pay of workers in the ride engineering department, arbitrary and unfair disciplinary enforcement by supervisors, and a culture of favoritism fostered by managers and supervisors. This prompted workers to start organizing a union at the park, said the worker, who requested to remain anonymous for fear of retaliation.
“There is a lot of micromanaging, and our management doesn’t necessarily trust us to do our jobs,” they added. “We are the lowest-paid park engineers in California at the moment, I believe. Compared to Disneyland, SeaWorld, Six Flags, Magic Mountain, we’re one of the lowest, if not the lowest, in starting pay.”
They described how ride engineers perform preventative maintenance on rides, regular safety inspections and routine scheduled maintenance. The favoritism and micromanaging that workers complain about is often reflected in annual performance reviews, with supervisors arbitrarily deducting points toward that review for certain workers, or enforcing certain policies to add disciplinary points to a workers’ review. This impacts any bonuses they might receive and promotions or pay increases.
Since management became aware of the union campaign, the worker said there has been an uneasy tension between management and workers. Union avoidance consultants have been brought in, they said, and have used regular one-on-one and group meetings to isolate and separate workers who push back on anti-union arguments and claims.
“At the very beginning, they definitely made it seem like they were your friend trying to be on your side, like, ‘Oh, you know, we’re here to help you guys,’” the worker said, claiming that this attitude quickly veered into fearmongering about the union. “They would give us one of the sheets that they were going over at the very bottom of that, it was saying, ‘Do you want the union to have complete control over you?’ in black bold letters.
“They emphasize that there’s a big possibility the workplace might not get better, that Legoland could take things away, that our benefits will go down, without directly saying that.”
The opposition to unionization at Legoland is “trying to say the union has an agenda, and that they don’t”, the worker added. “But they do, and the union at the end of the day isn’t a separate body, it’s us. We’re not going to do something we don’t agree upon or don’t want.”
Legoland’s management retained the law firm Littler Mendelson, the same union avoidance law firm used by Starbucks and Amazon.
A complaint was filed recently by the non-profit LaborLab against one of the union avoidance consultant firms hired by Legoland – KV Information – for not providing adequate information in filings with the federal government about their compensation and consultant activities related to their work for Legoland in response to this union campaign.
These actions in opposition to the union appear to contradict the Lego Group’s Responsible Business Principles. “Workers have the right to form or join trade unions and take part in union activity, select their own representatives and to bargain collectively without interference, obstruction, influence or sanctions from employers,” it states.
Kirkbi, the private investment company of Kristiansen’s family, owns 75% of Lego Group and 47.5% of Merlin, which owns and operates Legoland parks.
“Legoland is a great place to work. The people that I work with are all great people, and I just feel like we deserve to be treated a lot better,” the worker said. “We play a very important role in the operation of the park and that role is really undermined.
“I don’t feel job qualification is that important to how we’re being treated. Everyone does their job very well, but I just believe our management really needs to reevaluate themselves, fix their issues and how they treat the workers.”
Legoland did not respond to multiple requests for comment.
HUNDREDS OF THOUSANDS OF QUEBEC UNION WORKERS ANNOUNCE WEEK-LONG STRIKE
CTVNEWSMONTREAL.CA DIGITAL REPORTER Daniel J. Rowe Published date: Tuesday, November 28th 2023
A demonstrator dressed in a unicorn suit takes part in a demonstration on Thursday, November 23, 2023 in Quebec City. Thousands of people of the unions common front gathered to protest.
THE CANADIAN PRESS/Jacques Boissinot
The Common Front of unions announced strike days from Dec. 8 to 14, meaning nearly half a million of Quebec's public workers will be off the job again if they don't reach a deal with the province.
The Common Front is made up of the CSN, CSQ, FTQ, and APTS unions and represents around 420,000 workers in the health, social services, and education sectors.
"This is a final strike sequence before calling an unlimited general strike," said union presidents in a joint news release. "This announcement demonstrates our seriousness and our determination to reach an agreement before the holidays. Each time, we leave room for negotiation, but let's be clear: we will keep up the pressure and pursue our strategy of deploying our actions in crescendo."
The Common Front held a single strike day on Nov. 6 and followed by three strike days from Nov. 21 to 23.
Union representatives say that working conditions are unacceptable, the work union members do is undervalued and that wages remain low.
"Our members clearly felt it on the picket lines during last week's three-day strike. Something is happening in Quebec, and the momentum is there, for our networks, for workers, for services and for the public," the leaders said. "It's time to open up the engines, get the mandates down and reach a settlement at all the negotiating tables."
The unions will join the already striking federation of teachers' unions in the French-language system (FAE - Fédération autonome de l'enseignement) are on a general unlimited strike, which, they say, could last until Christmas.
CALLS FOR TREASURY BOARD CHAIR TO RESIGN
Opposition parties responded to the ongoing strikes at the national assembly in Quebec City.
The Quebec Liberal Party (PLQ) called on Treasury Board Chair Sonia LeBel to resign, saying that she is incapable ot getting along with unions.
Liberal education critic Marwah Rizqy said that LeBel has been relieved of other duties, such as intergovernmental affairs, to concentrate on negotiations.
"Sonia is zero for 10 in contract negotiations," said Rizqy. "Why is she still the head of the Treasury Board? Maybe it's time the premier found a better Treasury Board president."
Parti Quebecois (PQ) leader Paul St-Pierre Plamondon said the two sides need to stop negotiating in public and sit down to talk.
When asked if the province is reaching a critical point for students who have lost school days.
"It's already critical," he said. "We need a quick resolution."
Quebec Solidaire (QS) said the government needs to "table a real offer to the unions."
Are you a parent concerned about the strike's impact on your children's school year? We'd like to hear from you for a news story. E-mail us at MontrealDigitalNews@bellmedia.ca
Apple’s $25 Million Settlement Reveals Disconnection in Immigration Law Oversight
In a recent development, the Department of Justice (DOJ) reached a $25 million settlement with Apple Inc., alleging discriminatory practices in hiring against U.S. citizens. This marks the second enforcement action against a major U.S. employer for bias when sponsoring foreign workers for lawful permanent residency. Immigration attorneys argue that this settlement underscores a disconnect between federal agencies, specifically the Departments of Justice and Labor, in enforcing compliance with immigration laws. Outdated Mandates And The Need For Guidance
The settlement with Apple brings attention to the anachronistic nature of mandates imposed by the U.S. Labor Department (DOL), particularly those associated with the permanent labor certification program known as PERM. Immigration attorneys suggest that these mandates, such as advertising in Sunday print newspapers, are outdated and highlight the necessity for clearer guidance on navigating oversight from both the Departments of Justice and Labor. Conflicting Requirements For Employers
Large employers, while seemingly compliant with DOL regulations, can still face Justice Department enforcement actions for recruitment failures when seeking lawful permanent residency for foreign workers. This situation reveals a pressing need for updating rules aligned with current hiring practices and for federal agencies to align their oversight approaches.
Cyrus Mehta, managing partner at Cyrus D. Mehta & Partners, PLLC, remarks, “Employers who wish to sponsor skilled, and badly needed, foreign workers for permanent residency are caught between the conflicting requirements of two federal agencies.”
Navigating The PERM Process
Companies intending to sponsor workers for lawful permanent residency must navigate the DOL’s PERM process. This involves advertising positions with an agency-approved prevailing wage, conducting a wage test, securing a labor certification, and submitting an immigrant worker petition with U.S. Citizenship and Immigration Services. Delays in the process, exacerbated by the pandemic, have raised employer concerns about talent retention, particularly for smaller firms with fewer sponsored employees. Tech Employers Under Scrutiny
Large tech employers, heavy users of the PERM process, and the H-1B visa program face additional scrutiny in navigating recruitment mandates. Approximately two-thirds of H-1B visa workers are employed in tech or computer-related fields. The settlement with Apple emphasizes employers’ importance in addressing DOL regulations and emerging enforcement trends at the DOJ.
Allegations Against Apple
The DOJ alleged that Apple implemented measures to discourage U.S. workers from applying for positions involved in the PERM process. This included requiring paper applications instead of online submissions and not advertising PERM positions on its external website, contrary to standard practices. Such measures resulted in fewer or no submissions from applicants lacking temporary work authorization.
Bob Webber, an immigration attorney at the Webber Law Firm, notes, “It’s like DOL wants you to comply with the trees, but DOJ says you missed the forest.” Similarities With Previous Cases
This settlement with Apple echoes a case in 2021 involving Facebook, where the DOJ settled allegations of hiring bias for $14.3 million. Both cases highlight the need for employers to evaluate their permanent labor certification programs under both DOL regulations and the DOJ’s enforcement trends. Federal Agencies’ Inconsistent Approach
While the DOJ asserts jurisdiction over the PERM process, some immigration attorneys argue that this position is faulty, as PERM regulations have no hiring mandate. The lack of a unified approach among federal agencies and outdated recruitment mandates emphasizes the need for comprehensive updates to align with contemporary hiring practices.
Future Outlook And Legal Challenges
The future focus on the PERM process remains uncertain beyond tech giants like Apple and Facebook. However, a recent court victory for SpaceX against DOJ investigations into alleged hiring discrimination may pave the way for other companies to challenge such enforcement actions. Elon Musk’s SpaceX successfully argued that the case was unconstitutional, raising questions about why Apple and Facebook opted for settlements rather than contesting the lawsuits.
In summary, the $25 million settlement with Apple sheds light on the challenges employers face in navigating conflicting requirements from federal agencies and the pressing need for a unified approach to immigration law oversight.
