A criminal prosecution of a mining executive for safety violations — an exceedingly rare occurrence — has resulted in conviction of a misdemeanor, reports Lydia DePillis at the Washington Post. After a 2010 mine collapse in West Virginia killed 29 people, an investigation revealed that Don Blankenship, chief executive of Massey Energy, had ignored a range of warning signs and had personally demanded “ever-greater output at the expense of safety.” Last week, a federal jury found Blankenship guilty of conspiracy to violate mine safety regulations, but acquitted him on two more serious counts of deceiving investors and regulators. Mine safety expert Davitt McAteer, noting that “[w]e’ve been mining in this country since 1880, and this is the first time that this has happened,” attributes the successful prosecution of Massey Energy executives to the coal industry’s declining political influence: “[Even fifteen years ago, you] wouldn’t have had the willingness of the U.S. attorney to accept that coal industry persons could be responsible. When coal was king, this could not have happened.”
In an opinion piece in the Wall Street Journal, Robert Odawi Porter writes in support of the Trial Labor Sovereignty Act, which passed the House on November 17 and is now before the Senate. The bill would exempt tribal governments from application of the National Labor Relations Act (NLRA) in recognition of their exclusive authority to regulate labor relations within their territories. If it becomes law, the bill would effectively reverse the impact of San Manuel Indian Bingo & Casino v. NLRB, 475 F.3d 1306 (D.C. Cir. 2007), which determined that the NLRA could apply to employment at a tribal casino where the casino catered to non-Indians and mostly employed non-Indians. Porter argues that the bill is necessary to prevent gaming revenues from being siphoned away from tribal governments, in violation of treaty promises to respect tribal self-governance and self-determination.
The Orlando Business Journal reports that the Florida Department of Economic Opportunity has issued a final order on the employment classification for Uber drivers in the state. Unlike California and Oregon, Florida has classified Uber drivers as independent contractors, not employees. The agency concluded, based on facts about the drivers’ “significant control over the details of their work,” that “Uber operates not as an employer, but as a middleman and broker for transportation services.” The order also noted that, even though platforms like Uber would not be in business without its service-providers, it did not follow that the platforms employ those service-providers. Rather, “[t]hese platforms are helping people pursue what has always been an important part of the American dream: to be one’s own boss.”
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October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.