Michigan Voters Considering Constitutional Right to Collective Bargaining

After a string of stinging defeats at the ballot box, labor leaders in Michigan are trying to turn the tide by establishing a state constitutional right to collective bargaining.  Next Tuesday, Michigan voters will go to the polls to decide Proposal 2, which would create a state constitutional amendment locking in union rights in the state.  Proposal 2 would:

• allow police officers and firefighters to negotiate safe staffing levels
• establish a constitutional right to form a union and bargain collectively
• invalidate any attempts by the state legislature to limit collective bargaining rights
• override state laws about employees hours and conditions of employment 
• mandate binding arbitration for some police groups

If passed, Proposal 2 would be the first of its kind in the country.  The campaign to pass Proposal 2 got a big boost earlier today, when President Clinton endorses the measure.  

Fox News Profiles Stockton POA's "Bellwether" Victory On Contract Rights

Fox News Commentator Tom Sullivan recently interviewed Mastagni Law partner David P. Mastagni about the Stockton POA's victory over the City of Stockton in a closely-watched case with national implications. Watch the full clip below:

As Tom Sullivan explained, the case started after the City of Stockton "'declared a "fiscal emergency" thinking it would allow them to impose pay cuts on their city's finest." However, the POA fought back, filing suit to force the City to honor its contract with the POA. The Court recently rejected the City's claims, finding the Stockton POA "was within its right to refuse" to reopen its contract.

Mastagni Law attorneys David E. Mastagni, William M. Briggs, Isaac S. Stevens and B.J. Pierce represent the Stockton Police Officers' Association in the case.

NLRB Issues New Report on Social Media Cases

The National Labor Relations Board issued a new report yesterday on its cases involving employees' use of social media and corresponding employer policies and practices.  The report notes many employer policies about social media use by employees are unlawful because they punish employees for engaging in protected concerted activity.  The report follows up on an August 18, 2011 report surveying similar cases.  The NLRB oversees most private-sector labor relations in the United States.  While public-sector labor relations in California are administered by the the Public Employment Relations Board, an independent state agency, PERB often looks to NLRB precedent in making decisions.

Private-Sector Firefighters File Class Action Against Wackenhut Over Alleged Employer Abuses

Several private-sector firefighters filed a class action lawsuit Tuesday against private security company Wackenhut, alleging several serious wage and hour violations and other employer abuses.  The lawsuit alleges firefighters working on Department of Defense contracts in Afghanistan and Iraq were required to work 24 hours a day, but only paid for 12 hours, required to have walkie talkies to their ear during sleep, and were frequently called out on a fire or other emergency only to be sent back to bed in the middle of the night and denied pay for their time.

The lawsuit alleges firefighters who complained were told “You have two choices, aisle or window,” or, “chicken or beef,” meaning they would be fired and flown back to the United States.  The eleven-count complaint seeks damages for unjust enrichment, breach of contract, fraud and deceptive trade practices.  Wackenhut has faced several lawsuits in the past about its employment practices.  In 2008, Mastagni Law attorneys David P. Mastagni and David E. Mastagni won a seven-figure award for Wackenhut employees over wage and hour violations.

EEOC: Private Security Company Discriminated Against Older Male Security Guards

On September 27, 2011, the federal Equal Employment Opportunity Commission filed a complaint against Trinity Protection Services, Inc., a private security company.  The complaint alleges Trinity discriminated against older, male security guards in favor of younger, female guards.  The lawsuit, EEOC v. Trinity Protection Services, Inc., Case No. 2:11-cv-02535-KJM-DAD, was filed in the Eastern District of California.

The complaint alleges that in 2008 seven security guards at the company's Sacramento location did not reach a qualifying score on an arms requalifying test and were terminated by Trinity.  The men, ages 66 to 73, were told they had to wait at least six months to retest and reapply.  The women, ages 28, 29 and 50, however, were invited to retest earlier and reinstated in their positions.  According to the EEOC, this practice constituted unlawful age and sex discrimination.  In a press release, EEOC San Francisco District Director Michael Baldonado said, “Taking the initiative to diversify your work force in terms of gender cannot be done at the expense of the rights of other employees. Trinity’s invitation to requalify should have been extended to all the workers affected, not just the younger women.”  The lawsuit seeks an injunction, damages and a federal court order Trinity implement policies, practices and programs to eradicate discrimination at the company.