Mitchell’s Musings: 6-2-14 Portland via Tech

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Mitchell’s Musings: 6-2-14 Portland via Tech Daniel J.B. Mitchell Mitchell’s Musings postings were abruptly discontinued in mid-February 2014 when the author developed a major medical problem.1 At the May 2014 LERA meetings, I was supposed to be on two panels, one session on employee ownership (commenting on a video on that topic) and the other session on labor journalism. A recurrence of my health problem and a hospitalization just before the meetings led to cancellation of the trip, but I was able to participate through the use of technology, nonetheless. For the employee ownership panel, I was the designated “film critic” and sent the panel chair a video of my comments (essentially PowerPoint slides with narration) which he played. You can see or download those comments at the link below: https://archive.org/details/CommentsOnWeTheOwners. For the other panel, the panel chair kept his iPhone open while the main presentation was given. I was then able to discuss the presentation – based on what I heard – using the iPhone. I want to focus this first-resumed Musing on the labor journalism topic and what I say here is largely based on my comments via long distance at the LERA panel. All aspects of print journalism are under severe pressure due to the Internet. Labor journalism, as a subsector of the larger news endeavor, is no exception. In addition, traditional labor journalism (as practiced in the 1950s through 1970s) was mainly focused on the world of collective bargaining. Such reporters as Abe Raskin of the New York Times and Harry Bernstein of the Los Angeles Times were intimately familiar with the union-management sector, its institutions, and the key personalities therein. Recently, a panel at the National Labor Relations Board (NLRB) ruled that football players at Northwestern University were de facto employees under the relevant statutory language because they received various payments (in kind) for their athletic work. This decision – which is being appealed – was widely reported as saying that the players could form a union. In the heyday of traditional labor journalism, the reporting might have been more accurate. Nothing prevents any group of individuals – whether employees or not – from forming a “union” or bargaining group and trying to negotiate. You don’t need the blessing of the NLRB to do so. What the NLRB recognition would do, if ultimately upheld, would be to give such a players’ union certain legal protections. Essentially, the university could not retaliate against players for organizing or joining such a group or for engaging in any other “concerted activity.” If an NLRB election among the players produced a majority vote for having collective representation, the university would have to recognize the union and negotiate with it in “good faith.“ But it would not necessarily have to reach an agreement with the union. Assuming there were good faith negotiations but the result was an “impasse” and no agreement, the players could strike. However, the university would not have to provide its in-kind pay (scholarships or whatever) during such a strike. And it could attempt to replace the strikers with other recruited players. 1

Not surprisingly, I have some observations on the health care industry as a result of three hospitalizations. But I will save those comments for some later Musing.

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