Minnesota unions praise historic legislative session

May 24, 2023 by

Gov. Tim Walz spoke to supporters before signing 12 budget bills into law.

In a historically productive legislative session that ended on time Monday, labor-endorsed lawmakers delivered on nearly all their campaign promises, from investments in public infrastructure and schools to expansion of family-supporting benefits, union rights and workplace protections.

Union activists and leaders were among hundreds who celebrated the session’s accomplishments today on the Capitol grounds, as Gov. Tim Walz held a signing ceremony for 12 budget bills that will fund state government for the next two years.

Walz likened the newly approved budget to the “Minnesota Miracle” of 1971, when the state drew nationwide acclaim for investing in public education.

“If this is ‘Minnesota Miracle 2.0,’ the difference between then and now is … we’re leaving no one behind,” Walz said.

Labor leaders praised Walz and DFL legislators for rising to the occasion created by a projected budget surplus that swelled to $17.5 billion – thanks, in part, to one-time federal stimulus dollars that Republicans blocked the state from allocating one year ago.

After winning all three levers of power – with support from union volunteers – during the 2022 election, DFLers invested the surplus in infrastructure projects and jobs, schools, nursing homes and targeted tax relief for working families, including an expanded child tax credit that will return up to $1,750 per child to lower-income families.

Lt. Gov. Peggy Flanagan, former director of the Minnesota Children’s Defense Fund, said the budget is “deeply rooted in equity and decades in the making.” She credited organizers and activists who have devoted years to fighting for policies that will soon become law, like earned sick and safe time and paid family leave.

“We have played the long game,” Flanagan said. “And we won.”

Children and families will also benefit from $2.26 billion in new funding for Minnesota’s public schools over the next biennium. The 10.5% increase will help school districts cover rising costs – and recruit and retain educators and other employees. And the budget allocates $600 million to hire and retain child care teachers.

Walz and DFL lawmakers focused on issues that matter to workers and families, Minnesota AFL-CIO President Bernie Burnham said, noting that their work stands in contrast to Republican-controlled chambers in other states that have sought to ban abortion, weaken child-labor laws and meddle in school curriculum.

“While other states are putting 14- and 15-year-olds to work on assembly lines, Minnesota is making sure parents have the time and resources to care for and sustain their families; while other states ban books in our schools and libraries, Minnesota is making sure no student goes hungry at school; and while other states make it harder to vote, Minnesota is expanding our Democracy to make sure every eligible voter has the freedom to make their voice heard,” Burnham said.

Public works, transportation and other infrastructure will see historic investments as a result of the session, putting members of unions like the Laborers to work for years to come.
Education Minnesota members praised a 10.5% increase in school funding.
SEIU Local 284 celebrated extension of unemployment benefits to hourly school employees.

Walz is also expected to sign a $2.3 billion infrastructure deal that contains a mix of borrowing – a so-called “bonding” bill – and cash investments. It would be the first bonding bill the state has passed since 2020.

Sen. Sandy Pappas, the lead author, said the measure “will create thousands of well-paying union jobs and ensure businesses have the infrastructure they need to build in Minnesota for years to come.”

On the Capitol grounds today, Walz gave a shout to people in hard hats throughout the crowd. “All of these good union jobs have built the middle class and built Minnesota,” he said. “It is going to continue that way.”

In addition to historic investments approved this session, Minnesota lawmakers took up several policy changes long sought by union members, including an extension of unemployment benefits to hourly school employees, a ban on private prisons and a new Nursing Home Workforce Standards Board with the authority to set standards like pay and benefits.

Lawmakers expanded and strengthened union rights, enshrining public-sector workers’ ability to bargain on non-economic issues like safe staffing and class sizes, giving workers in the newly legalized recreational cannabis industry a path to collective bargaining and banning “captive audience meetings,” in which workers are forced to listen to their bosses’ religious, political or anti-union views.

Funds allocated this session will also bolster the state’s film industry tax credit, raise pay for home care and nursing home workers and strengthen public pensions.

A measure to address hospital staffing shortfalls, however, fell short of the Minnesota Nurses Association’s expectations. The bill established new safety protections and recruitment bonuses for health care workers, but it left out language that would have would have required hospitals to create labor-management committees to determine appropriate staffing in their wards.

Support for a safe staffing law dwindled after Mayo Clinic threatened to withhold investments in its Rochester campus if it passed.

“I hope Minnesotans know how hard nurses fought for your care and safety,” MNA President Mary Turner said. “And I hope corporate executives and our public officials know that our fight is not over to put patients before profits in our health care system.”

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Ban on captive audience meetings advances in Minnesota Legislature

May 3, 2023 by

Patrick Kennedy, a licensed social worker, recounted the chilling effect captive audience meetings had on a campaign to organize his workplace two years ago.

After the pandemic hit three years ago, Patrick Kennedy and his co-workers at a local community mental health center became concerned about abrupt and unilateral changes management began making at their workplace.

Talk of forming a union soon turned into a full-fledged organizing campaign with Office and Professional Employees (OPEIU) Local 12. Sixteen months later workers were poised to vote in a union election, with public support from nearly 60% of the agency’s 130 workers.

That’s when the “mandatory information sessions” with their bosses began, Kennedy said.

“In one meeting we were told that wage increases were just about to roll out, but could be delayed another year if we were to unionize,” he said. “In another, the CEO assured us that a union would only harm our clients.”

The meetings, according to Kennedy, a licensed social worker, had a “shocking” impact on his co-workers’ organizing drive. By the time workers voted, support for unionizing had dropped to 42%, and the effort failed.

Testifying before a Minnesota House committee earlier this legislative session, Kennedy and other workers urged lawmakers to support legislation that would make it illegal for employers to compel their employees to attend meetings where bosses promote religious or political views, including views on collective bargaining.

“The person who signs your paycheck should not be allowed to force you, under threat of discipline or retaliation, to listen to their opinions about your legally protected right to choose whether to join a union,” Kennedy said.

The proposed legislation has since passed both the House and Senate as part of omnibus labor policy bills. It has been a top priority for unions this legislative session, along with paid family leave, the infrastructure jobs bill, earned sick and safe time and fully funded public services.

Captive audience meetings have come under scrutiny in recent years from policymakers and analysts looking to understand why union membership has remained flat despite polling that shows interest in forming unions at a near-record high.

Minnesota AFL-CIO President Bernie Burnham (L) testified in support of the captive audience meeting legislation, authored by Rep. Kaela Berg in the House.

Minnesota AFL-CIO President Bernie Burnham, head of the state’s largest labor federation, said captive audience meetings have become even more common – employers use them in an estimated 90% of union elections, according to one study – during a recent surge in organizing activity both in Minnesota and across the U.S.

“These meetings have nothing to do with the actual jobs that workers do for an employer,” Burnham told legislators. “In fact, many workers describe them as raw intimidation.”

Minnesota lawmakers are not alone in seeking to protect workers’ right to not listen to unwanted political or religious speech. Connecticut passed a ban on captive audience meetings last year, and Oregon has had one on the books for over a decade.

The National Labor Relations Board may soon act, too. A recent memo issued by NLRB General Counsel Jennifer Abruzzo urged members to reverse the board’s precedent of allowing employers to force their workers to listen to anti-union speech, calling it a “license to coerce” and a “fundamental misunderstanding of employers’ speech rights.”

The Minnesota bill’s lead House author, Rep. Kaela Berg (D-Burnsville), said employers would still be allowed to encourage workers to listen to their political or religious views if her bill becomes law. “If the employee wants to have that discussion with the employer, that’s great,” she said. “This just says it cannot be required, and you cannot be punished if you say that’s just not for me.”

That’s a right Kennedy and other workers who have experienced captive audience meetings can only wish they would have had.

Nate Krantz, who went through an organizing drive while working as a certified nursing assistant at a local health care facility, told lawmakers he “noticed that my heart-rate tracker on my Apple watch showed a spike in my heart rate each time I had to sit through one of those meetings.”

Jeff Schreiner, a member of Teamsters Local 120 who helped lead a 10-year organizing drive at Sysco in St. Cloud, said regular captive audience meetings created a “psychologically stressful” work environment, pitted workers against each other and spread misinformation.

“It’s almost like there’s a script that companies follow,” he said after listening to testimony from workers in other industries.

“Employers use mandatory meetings to unfairly influence workers,” Kennedy said. “If the meetings didn’t influence workers, they wouldn’t be happening.”

Filed Under: Labor Voices, Politics Tagged With: , , , , , , , ,

General counsel will urge NLRB to deem captive audience meetings illegal

April 25, 2022 by

After learning its booksellers were forming a union, management at Half Price Books in St. Louis Park called Lindsey Dorsey and her co-workers into a meeting, hoping to snuff out the organizing drive.

“When you’re scheduled to do it, you do it,” Dorsey said. “But it was really clear why they were there and what they were doing and what they were talking about.”

Such mandatory meetings – known by union organizers as “captive audience meetings” – could soon become a violation of federal labor law, after the National Labor Relations Board’s general counsel announced April 7 that she will ask board members to overturn a longstanding precedent allowing the practice.

Jennifer Abruzzo, appointed general counsel by President Joe Biden last summer, said employees organizing a union on the job have a right to listen to – or refrain from listening to – employer speech concerning their rights to act collectively to improve their workplace. And it falls on the NLRB to protect that right.

For over 70 years the NLRB has allowed employers to use captive audience meetings to stifle organizing drives and take disciplinary action against any employee who refuses to attend. Abruzzo said that’s inconsistent with the National Labor Relations Act, which the board is charged with upholding.

“This license to coerce is an anomaly in labor law, inconsistent with the Act’s protection of employees’ free choice,” Abruzzo wrote. “It is based on a fundamental misunderstanding of employers’ speech rights.

“I believe that the NLRB case precedent, which has tolerated such meetings, is at odds with fundamental labor-law principles, our statutory language and our congressional mandate. Because of this, I plan to urge the board to reconsider such precedent and find mandatory meetings of this sort unlawful.”

That’s good news for working people looking to gain a say over their wages, benefits and working conditions, union organizers said.

“Ending captive audience meetings puts decisions about organizing back in workers’ hands,” Minnesota AFL-CIO Organizing and Growth Director Todd Dahlstrom said. “Working people need the freedom to decide whether to join together in union without a boss putting their finger on the scale with threats or misinformation.”

Captive audience meetings are a mainstay of the anti-union playbook, utilized by human resources departments and the high-priced, union-busting consultants they call on to squelch organizing drives. In a 2009 study, the Economic Policy Institute found that 89% of employers held captive audience meetings in advance of union elections between 1999 and 2003.

In Abruzzo’s opinion, those meetings should have been voluntary and, moving forward, employers should be held responsible for making it clear that attendance is optional. “Such an approach will appropriately protect employers’ free-speech rights to express views, arguments, or opinions concerning the employees’ exercise of their protected labor rights without unduly infringing on the rights of employees to refrain, or not, from listening to such expressions,” her statement said.

“This is a big step in returning power back to working people,” Dahlstrom said.

Whether workers at the Half Price Books in St. Louis Park could have opted out of their meeting with management without facing discipline is unclear. No one thought to ask, Dorsey said.

Either way, the move backfired, as workers later voted nearly unanimously to form a union with Local 663 of the United Food and Commercial Workers. Several workers, Dorsey said, signed union cards shortly after the meeting with management.

“We knew when they were being misleading because we had been communicating with workers at other stores,” Dorsey said. “So when we were talking about our staffing issues and we were told that it’s our store’s problem and no other store has that problem, we knew it was a lie.

“That’s the best defense against anything, just communicating and knowing the truth.”

Half Price Books unions in St. Louis Park and three other metro stores – Arden Hills, Roseville and St. Paul – are currently bargaining first contracts with the bookseller.

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