Unions to the rescue in Flint, Michigan. A year ago Flint residents discovered that their drinking water supply had been contaminated by lead. Now, CNN reports that the Union Labor Life Insurance Company and American Federation of Teachers are investing $25 million in union pension funds to save the small city. The city’s “Fast-Start” program will use the $25 million to make low-cost loans available to the initiative, which plans to pull the lead-contaminated pipes throughout the city’s water grid. The union’s contribution will be instrumental to replacing the lead lines as it constitutes almost half of the funding earmarked for the $55 million “Fast Track” initiative.
In other union news, Elizabeth Crowley, a pro-labor New York City Councilwoman, has come under fire for introducing and supporting a bill that will expand prevailing wage requirements for construction projects over $1 million. According to Politico, Crowley’s critics claim that she is simply “doing the bidding of unions” that have “contribute[d] heavily” to her campaigns. Crowley, a former member of a painter’s union, has outright dismissed the reproach. “I . . . have never hid the fact that I am a card-carrying member of DC9,” a painter’s union. The criticism is just a “short-sighted suggestion of special interests involved in pushing an agenda that supports substandard wages.”
Great news for discrimination plaintiffs in Florida, Georgia, and Alabama. Lexology reports that the Eleventh Circuit has declared a new test for cases where the employer has both discriminatory and legitimate business reasons for taking adverse action against an employee. Now, per Quigg v. Thomas, et al., No. 14-14530 (Feb. 22, 2016), if an employee claims that the employer’s motives were mixed the analysis will deviate from the McDonnell Douglas burden-shifting framework. In the case of mixed motives, says the court, the employee “need only produce evidence sufficient to convince a jury that: (1) the defendant took an adverse employment action against the plaintiff; and (2) [a protected characteristic] was a motivating factor for the defendant’s employment action.” Put another way, employees in the Eleventh Circuit now do not have to demonstrate that the employer’s reason was pretext, or false, but only that that it was a reason for the adverse action.
Daily News & Commentary
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March 12
SAG-AFTRA complains about major video game studios’ AI proposal amid a months-long strike, and German unionized Ford workers criticize the automaker for rescinding an economic agreement in place since 2006.
March 11
Chavez-DeRemer confirmed as Labor Secretary; NLRB issues decisions with new quorum; Flex drivers deemed Amazon employees in Virginia
March 10
Iowa sets up court fight over trans anti-bias protections; Trump Administration seeks to revoke TSA union rights
March 9
Federal judge orders the reinstatement of NLRB Board Member Gwynne Wilcox; DOL reinstates about 120 employees who were facing termination
March 6
A federal judge hears Wilcox's challenge to her NLRB removal and the FTC announces a "Joint Labor Task Force."
March 5
In today’s news and commentary, lots of headlines for the United Auto Workers as the union comes out in support of tariffs, files for an election at a Volkswagen distribution center in New Jersey, and continues to bargain a first contract at the Chattanooga VW plant they organized last spring. The UAW released a statement […]