There is a great danger lurking for the workers in the work place.
The U.S. Supreme Court has held that a worker can be forced to
arbitrate employment disputes if he or she has agreed to
arbitration in an employment agreement.
To some, that might sound like a good thing, but in reality it means that
most workers have just lost the protection of many of our labor laws.
If a worker had a complaint against an employer over discrimination,
he or she could have the complaint handled by state or federal agencies
without any cost to the worker. The same is true about the Wage and
Hour regulations, Family and Medical Leave Act, National Labor
Relations Act and other Federal and State laws.
Under the new court ruling a worker who has signed an employment agreement
which includes binding arbitration, the worker would be required to come up
with several hundred dollars just to get then arbitration process started.
The end cost of arbitration could run into thousands of dollars.
In order to prevail in arbitration a worker would have to hire an attorney.
When a federal or state agency handles the complaint,
the worker is not asked to put out any money.
The government investigates the complaint
and then processes it for the worker.
We have already seen one of the employment agreements. The Menards
store in Des Moines asked its workers to sign the agreement. Workers
were required to agree that they were "employees at will" and could be
discharged at any time and for any reason. If the worker felt there was
a violation of any law he or she would have to ask for arbitration
through the American Arbitration Association.
Employers have found a way to keep a worker from the protection of our labor laws.
An example would be:If a worker is discharged in violation of the Family and Medical Leave
Act he or she normally would have the right to have the U.S. Department
of Labor handle the problem or could have an attorney file a law suit
where the employer could be liable for back pay and benefits along with
the worker's attorney fees and expenses.
Under binding arbitration the worker would be required to come up with a
substantial sum of money immediately. Most workers who have just been
discharged do not have the funds needed to start the process.
The court has held in another case that workers who are covered by a
collective bargaining agreement do not have to submit violations of
federal and state laws to binding arbitration unless the collective
bargaining agreement requires the same.
A worker can refuse to sign the employment agreement. It is much better
if two or more workers, as a group, refuse to sign the agreement.
The National Labor Relations Act protects workers who, together, act in
mutual aid or protection. The workers have a right to pursue their own
employment agreement containing some real worker protection.
Workers have the protected right to take other steps such as placing
signs in their cars in the parking lot, taking out an ad in the newspaper,
calling in to radio talk programs, passing out handbills and the like.
Workers should contact their Congressman or Senator and ask that this
situation be corrected.
Recently we have seen employers who have trapped employees by calling
employees into a surprise meeting with management officials.
WORKERS NEED TO KNOW THAT THEY HAVE RIGHTS.
Usually there are several management representatives present.
The worker usually doesn't know what the meeting is about.
The employer will usually have tape recorders or video cameras running.
The employer representatives will use very intimidating tactics.
There is nothing about such a setting which would benefit the worker.
A worker has the right, in such a situation, to stand up, be polite, say
something such as "this is not a very comfortable setting for me. I am
going to leave now. Please call me so we can discuss this matter further."
At that point the worker should leave the room and immediately
document what has happened. A follow up letter should be sent to
management confirming the fact that the worker is willing to discuss
the matter under certain conditions such as:
Advanced notice of the topic.
A neutral and mutually agreeable setting.
The right to be represented.
It should be pointed out that the employer does not have the right to
hold any worker against the worker's will.
Workers who are covered by a collective bargaining agreement have
the right to demand a union representative present. The worker has
the right to leave the room until the union representative is available.
Several years ago we published a nice news letter. I have had many
workers tell me that they looked forward each month to receiving the
newsletter. Throughout the years of publication the newsletter improved
in both format and content.
The mailing list grew to over 1300 readers. We were forced to discontinue
the newsletter when contributions dropped off and costs rose.
The last two issues were paid for out of our family budget.
One of the reasons that Workers Have Rights Too was formed was to get the
word out to workers that they not only have rights but also responsibilities.
We did this through our newsletter, cable programs and through a speakers
program.
We now see that it is very important that we try to get a newsletter started again.
We have to make workers aware of what is happening to their rights.
Through new technology we can save some money by sending the newsletter by
E-Mail and by local fax. Postage is one of the biggest expenses associated with
the newsletter.
If you do not want future copies of the newsletter please let us know
and we will take your name off the list.
If you have E-Mail OR are in Sioux City and have a fax please let
us know so we can send you the newsletter by one of these methods.
We urge you to pass on the newsletter to others. Make copies and give
them to your friends.
We have to get the word out to workers that they DO have rights!
If you would like a booklet please write to us at P.O. Box 3372,
Sioux City, Iowa 51102. Please send a check or money order.