BALL LIVINGSTON, LLP
The Workplace Lawyers
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THE SHOP
A Legal Newsletter for IAMAW Members

THE SHOP is published monthly to address the needs of working Americans in general and the specific needs of IAMAW members. Editor in Chief: Craig H. Livingston, Esq. Editors: Ivan Schofield, Esq., Michael H. Mizin, Esq.

 

January, 2008

 

JOB PROTECTION: THE UNION CONTRACT

  • Keeping Jobs Here: Negotiating a Real Contract

The union contract is the best opportunity to put real long-term job protection in place for union members. Contract language should have teeth. When employers contemplate relocating to China or closing a plant, their analysis considers the terms of the collective bargaining agreement. Contract language stating that the employer must "notify," or "discuss" the decision to relocate, the employer knows that they are only required to go through a formality. On the other hand, negotiating for stricter requirements--even if it means making short-term sacrifices--will be in the union members' best interests in the long run. Which is better for members, a few more vacation days per year or having a job for the next decade? IAM Business Reps have done a great job lately of considering the long term employment interests of their members, and such foresight should be encouraged and maintained.

 

  • The Best Protection You Have

The protections of a union contract are often underestimated. A nineteen-year employee called for legal counsel after having been laid off from a large company. She asked what she could do. Our first question is always: “Are you in a union?” She answered no. After a few more questions, it became apparent that without a union contract, there was absolutely nothing she could do. Your union contract gives you a vast array of rights. Yet when you are caught up in the hectic pace of work and a busy life at home, you might overlook the ways that you can enforce these rights. If you have been injured, disciplined unfairly, or laid off unfairly, you should speak to your IAMAW Shop Steward immediately.

 

 

DISCRIMINATION & RETALIATION CLAIMS

  • Retaliation and Discrimination: The Lesniak Sweeney Amendment

An amendment to the New Jersey Law Against Discrimination has been proposed that would give jurisdiction to New Jersey Judges of Compensation over claims of discrimination arising from workplace injuries or disease. The claims could be handled within weeks instead of years and would be in the capable hands of Judges experienced in workplace injuries. Senators Sweeney and Lesniak have indicated support--contact them today to let them know that the amendment would be in the best interests of workers.

 

 

EXPOSURE

  • Exotic Metals: Specific Health Concerns to Machinists & Aerospace Workers

During the past several months, we have all seen the repeating news stories of contaminated Chinese toy recalls, mostly for excessively high lead content. IAMAW members are exposed to lead on a regular basis, along with numerous other metals. These metals range from common and generally safe metals like steel, to exotic and/or deadly metals such as beryllium vanadium, zinc, lead, or manganese are often used as alloying elements for the most common materials.beryllium or molybdenum. Non-metal materials that IAMAW members may be exposed to include plastics, rubber, glass, and wood products. Although these are common household products, they are not necessarily safe. It has recently been shown that repeated exposure to plastic fibers contributes to testicular cancer. If you get sick from a rare injury, do not assume that the cause is unknown.

 

MAKING A LIVING & PLANNING FOR THE FUTURE

  • How You Spend Your Money: Why Buying American Made Products Really Does Matter

A common retort to a union member who advocates buying American is "My Toyota was made in Kentucky!" And while probably true (the FTC reports 60% of Toyotas are assembled in the USA), this misses the point. Toyota workers receive far less pay and benefits that United Auto Workers and enjoy none of the legal protections of a union contract. Furthermore, as the Chinese toy example illustrates, the product safety and quality control of foreign products are usually inferior. Thankfully, there are numerous web sites with links of American producers. This Holiday season, do your part to protect the futures of workers and their families by buying American. http://www.madeinusa.org/

 

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