2023 in Review: Biden & NLRB Deliver Victories for Maine Workers
PHOTO: Union members watch President Biden speaking in Auburn in July.
In the past year President Biden’s appointees on the National Labor Relations Board have made great strides in holding union busting corporations accountable and improving the climate for union organizing. Here’s a short summary of some of the highlights!
Holding Union Busting Corporations Accountable
In March, following an NLRB complaint that Chipotle Mexican Grill illegally closed its Augusta location in retaliation for its employees forming a union in July, 2022, the company agreed to pay a $240,000legal settlement to compensate for wage losses to former employees. Chipotle also had to post a notice in about 40 stores in ME, NH, and MA stating that it will not close stores or discriminate on the basis of union support.
Last week, the NLRB also struck back at Starbucks for illegally closing unionized stores across the US, including one in Maine. On Dec. 14, the panel issued a complaint seeking to force the company to reopen 23 stores, including a formally unionized store on Middle Street in Portland. The NLRB is also asking the judge to order Starbucks to compensate former employees for their loss of earnings, benefits and for other costs they incurred as a result of the closures.
In August, the NLRB delivered its groundbreaking Cemex decision that will strengthen workers’ freedom to organize and strongly discourage employers from breaking the law. Under the decision, employers that commit labor violations during a union drive can be required to immediately recognize and bargain with the union.
The Cemex decision will help stop employers from playing games and refusing to recognize a union when there is unquestionable evidence of majority support. It will also deter companies from unlawfully interfering in organizing campaigns and dramatically reduce “captive audience meetings" nationwide. These mandatory meetings are when workers are forced to listen to union busting consultants spread misinformation about unions in an effort to influence them to vote against forming one.
Saving Workers’ Pensions
This year, thousands of Maine union members and retirees in the paper, trucking and construction industries -- including workers from Eastern Fine Paper, Carleton Woolen, Statler Tissue and Huhtamaki among others -- will receive their full pension benefits thanks to funding from the federal American Rescue Plan Act (ARPA).
The law, which was signed by President Biden in March, 2021, provides a grant to 200 multi-employer pension plans to shore up the plans. Many of these plans were teetering on the edge of insolvency due to Wall Street greed, Congressional action and the financial crisis caused by corporate greed. The special funding will prevent benefit cuts of roughly 60 percent in the next few years for millions of workers and retirees.
Biden Rules Mandate Collective Bargaining for Major Federal Building Projects & Boost Wages for Construction Workers
On Monday, President Joe Biden and Acting Labor Secretary Julie Su announced a new game-changing federal rule that not only will benefit workers, but also make our tax dollars go further by making construction projects more efficient.
The rule mandates the use of project labor agreements (PLAs) for large federal construction projects that cost $35 million or more. In expanding the use of PLAs, contractors and subcontractors will have to negotiate with unions to set terms for project construction—ensuring that the safety and dignity of workers are prioritized on the jobsites.
It’s estimated this rule will give approximately 200,000 construction workers collectively bargained wages, benefits and safety protections, regardless of union membership status.Afterall, union standards create rising tides that lift all boats.
In August, the US Department of Labor also released a new rule that will help raise wages for union workers on federal construction projects. The rule updates the Davis-Bacon and Related Acts Regulation to ensure the tens of billions of dollars of federal government infrastructure projects also support good wages and benefits for the hundreds of thousands of US workers who build them.
Clean Energy Union Jobs
The Biden administration is also providing construction work for approximately 800,000 workers due to the historic investments in federally funded construction projects made possible in Infrastructure Investment and Jobs Act (IRA). The IRA funding is putting union members to work building clean energy, power and water infrastructure improvements, pollution remediation, and renovation to the nation’s broadband and transportation infrastructures.
Provisions in the federal CARES Act and the Infrastructure and Investment Act are also putting union members to work on clean energy projects. UA Plumbers and Pipefitters Local 716 members have been working several school construction projects thanks to the CARES Act. The pandemic relief package provided an injection of federal funding to upgrade HVAC systems to create better air flow for students returning to in-person learning after schools were reopened.
The 2022 Inflation Reduction Act also included funding for schools to reduce carbon emissions by covering up to 20 percent of the cost of energy efficiency investments, including HVAC, water heaters, and building improvements. Under the IRA, schools can also get up to 40 percent of the cost of putting up solar panels, installing LED lighting, and making other energy efficiency upgrades.
New Protections for Federal Firefighters
Earlier this year, the National Defense Authorization Act (NDAA) provided new protections for firefighters who protect our public lands and military installations. For the first time in history, federal fire fighters will now be entitled to presumptive workers' compensation benefits when stricken with cancer, which is the leading cause of death among active duty firefighters.
It’s estimated that nearly 75 percent of firefighter deaths from job-related injuries or illness are attributable to occupational cancer. IAFF District 16 — which represents firefighters at the Portsmouth Naval Shipyard and the VLF Transmitter Naval facility in Cutler, Maine — worked with Senators Susan Collins (R-ME) and Sen. Tom Carper (D-DE) to craft the measure, which was also supported by Maine’s Congregational delegation.