Sanders Campaign Labor Charge Alleges Staffer Retaliation

[Gothmog]

Link to tweet

The charge was filed by a former staffer, a campaign official told Bloomberg Law. The staffer alleges that the campaign retaliated against certain workers for engaging in protected labor activity, according to redacted copy of the document.

Campaign leaders “retaliated against me when I organized the bargaining unit and sent an email requesting compliance with the” collective employment contract, the anonymous staffer wrote in the charge. The ataffer also said that at least three campaign workers were fired in retaliation for their organizing and union activities, among other allegations.

“The campaign leadership, from Sen. Sanders on down, respects the rights of all of its employees to speak collectively and bargain about their terms and conditions of employment, and it supports the mission of the NLRB to enforce worker and union rights,” a campaign spokeswoman told Bloomberg Law via email. “That is exactly why the Bernie 2020 campaign voluntarily recognized the employees’ chosen union and engaged in good faith bargaining that resulted in an historic collective bargaining agreement.”

The allegations come shortly after a tense period in the relationship between the Sanders campaign and the union representing its staffers was recently made public. The internal disagreements sparked some criticism of the White House candidate—who has made worker rights a central part of his pitch to voters—from conservatives and Republican politicians.

[NurseJackie]

1. Very interesting. Thanks for sharing this.

[lunamagica]

2. K&R for visibility

[George II]

3. This could be disqualifying.

[NurseJackie]

9. Yes. Yet another to add to the list.

[George II]

11. Between this and the problems in his last campaign, it's highly disappointing.

If one can't manage peccadilloes in one's own organization, can we feel confident that one can manage the government of the United States?

[NurseJackie]

14. Well, that's really the thing, isn't it? Same goes for...

Well, that's really the thing, isn't it? Same goes for being able to effectively handle and respond to questions from the "unfair" press.

Clearly it's a difficult challenge, but it's something that anyone who ascribes to be Leader of the Free World needs to be adept at doing. If a candidate were to have a staged "interview" instead of talking directly to the press, then that would suggest an inability to deal with others in an adversarial situation.

Candidates who seek national office need to have the right temperament and demeanor to handle that type of pressure. Not everyone has it.

Candidates also need to be able to be well-versed on the issues and be able to speak extemporaneously and with confidence... not relying on well rehearsed "talking points" or "stump speeches" or "applause lines" (or other bumper sticker catch phrases). Again, not every candidate has that ability.

I think what we're seeing here is that the cream really does rise to the top.

[George II]

15. "I was busy getting the message out" won't cut it anymore.

[Gothmog]

18. I am good friends with Sarah Slamen, a former sanders campaign worker

sanders used this excuse to explain the sexual harassment of female staffers. Sarah was one of the former workers who complained about sexual harassment by the sanders campaign See https://www.democraticunderground.com/1016224223 Sarah was excluded from the 30 minute meeting that was supposed to address these issues.

The excuse for that mess was that sanders was "too busy getting message out." That excuse has a limited shelf life

[silentEcho]

4. Starts at the top.

Sanders first reactions we saw was to blame the employees and then cutting hours to meet a lower pay to workers than at least four other Democratic campaigns.

[Me.]

5. + 1

[Gothmog]

6. From the Bloomberg article

https://news.bloomberglaw.com/daily-labor-report/sanders-campaign-complaint-alleges-retaliation-for-unionizing

The charge was filed by a former staffer, a campaign official told Bloomberg Law. The staffer alleges that the campaign retaliated against certain workers for engaging in protected labor activity, according to redacted copy of the document.

Campaign leaders “retaliated against me when I organized the bargaining unit and sent an email requesting compliance with the” collective employment contract, the anonymous staffer wrote in the charge. The ataffer also said that at least three campaign workers were fired in retaliation for their organizing and union activities, among other allegations.....

The staffer alleged that the campaign “failed to notify us upon hire that we had a” collective bargaining agreement and “maintained that we were ‘at-will.’” At-will workers generally can be fired at any time and for any reason the employer deems appropriate.

The staffer said campaign management promised “some employees housing, and not others,” despite that paid housing and expenses are required under the collective bargaining agreement. The Sanders campaign also broke the terms of its collective bargaining agreement by making staff work additional days and failing to provide days off, according to the charge allegations.

[brooklynite]

7. This is just my opinion, but the staff doesn't seem fully focused on getting Sanders elected.

[oasis]

8. I guess Bernie and Nina Turner will have to draw straws on who's

gonna explain this one to the MSM.

[NurseJackie]

10. Ooph!

[mcar]

27. I'm guessing...

Antisemitism.

[Gothmog]

12. This looks bad

Link to tweet

[vsrazdem]

13. He should clean house in Iowa.

[George II]

16. Clean house? You mean get rid of those who are pointing out shortcomings?

[vsrazdem]

30. No I'm talking about the campaign staff in Iowa who were mistreating employees.

[George II]

31. Oh, okay, sorry.

[SouthernProgressive]

19. Is that where his campaign headquarters is? NT

[vsrazdem]

29. According to the article, the complaints were regarding his Iowa campaign staff.

[SouthernProgressive]

35. It's an issue that starts at the top. NT

[WhiskeyGrinder]

17. Following labor law is not difficult, and understanding retaliation for protected activity is pretty

basic stuff. Or should be.

[George II]

20. Depending upon the circumstances, retaliation can be a much more serious crime than....

....discrimination.

I was involved in a discrimination case about 25 years ago, sued, settled, and was reinstated with back pay. A year later I was laid off again under retaliatory circumstances. I sued again and settled for twice as much.

[Gothmog]

23. Agreed-I took labor law in law school a long time ago and this was basic

You cannot retaliate against union people unless you want to lose a law suit

[betsuni]

21. When a person has published an enemies list, retaliation isn't really surprising.

[Vegas Roller]

22. This will cost Sanders Nevada

No one on the Democratic side can get elected in Nevada without SEIU's support.

[Gothmog]

24. You are probably right on this

Union cred is very important in Nevada. Joe has decades of union backing and so should do well

[JI7]

25. he lost Nevada in 2016 also

[lapucelle]

28. 1/28/16: Sanders workers are masquerading as Culinary members to campaign inside hotels

"It's inappropriate for any campaign to attempt to mislead Culinary Union members, especially at their place of work," said Yvanna Cancela, Local 226's political director, who confirmed multiple reports at hotels. "As of yet, the union has not made an endorsement, but is focused on a major citizenship and voter registration campaign while preparing for contract negotiations."

snip==================================================================

Updated with statement from Culinary leader Geo Arguello-Kline:

We can confirm multiple reports of Bernie Sanders’ campaign staffers attempting and gaining access to Employee Dining Rooms at Las Vegas Strip properties where over 57,000 members that we represent work.

We are disappointed and offended. It's completely inappropriate for any campaign to attempt to mislead Culinary Union members, especially at their place of work. The Culinary Union button that hundreds of thousands of union members have proudly worn to work every day represents 80 years of struggle and fighting for justice. We strongly condemn anyone falsifying their affiliation with the Culinary Union in order to gain access to properties and we will cooperate with casinos and hotels so that this matter is fully resolved.

The Culinary Union has not made an endorsement and is focused on a major citizenship and voter registration campaign while preparing for upcoming contract negotiations.

https://www.ralstonreports.com/blog/sanders-workers-are-masquerading-culinary-members-campaign-inside-hotels

[Cha]

33. Mahalo, lapucelle!

Link to tweet

[Gothmog]

40. These charges will be used in Nevada

[mcar]

26. ...

[Cha]

32. "This is pretty bad.. "

Link to tweet

Thanks, Goth

[Cha]

34. Not a good look.

[Cha]

36. KICK!

[Gothmog]

37. These are serious violations

Link to tweet

[Gothmog]

38. ULP Charge Against Sanders' Campaign Details Classic 'Union-Busting' Allegations

These are serious charges https://laborunionreport.com/2019/07/25/ulp-charge-against-sanders-campaign-detail-classic-union-busting-allegations/

Here is the statement of the complainant, which also indicates the individual will be filing a charge against the United Food & Commercial Workers (UFCW) for allegedly breaching its Duty of Fair Representation (the ‘DFR’ referenced below):

“The employer failed to notify us upon hire that we had a CBA and maintained that we were “at-will.” Employer violated the CBA by requiring additional work days, and failing to provide days off as required. Employer further violated the CBA in multiple ways, and the Union did nothing (I will be filing a DFR against them). At hiring, employer promised some employees housing, and not others; some were promised expenses, and others were not. The CBA requires relocation expenses be paid. Employer retaliated against me when I organized the bargaining unit and sent an email requesting compliance with the CBA (I understand CBA violations are not ULPs– the ULP arises from the retaliation).”

The allegations contained within the unfair fair labor practice charge are the type that employers often face when they are accused of so-called ‘union busting’. . . except the Sanders campaign purposefully unionized its own staff.

These are classic union busting type allegations are taken seriously by the officials and the courts. The petition has the following specific allegations

Here are the specific alleged violations of law, as contained in the unfair labor practice charge agains the Sanders campaign:

Within the previous six months, the Employer discharged an employee(s) because the employee(s) joined or supported a labor organization and in order to discourage union activities and/or membership.

Within the previous six months, the Employer discharged an employee(s) because the employee(s) engaged in protected concerted activities by, inter alia, discussing wages and/or other terms and conditions of employment and in order to discourage employees from engaging in protected concerted activities.

Within the previous six months, the Employer discharged an employee(s) because the employee(s) engaged in protected concerted activities by, inter alia, protesting terms and conditions of employment and in order to discourage employees from engaging in protected concerted activities.

Within the previous six months, the Employer disciplined or retaliated against an employee(s) because the employee(s) joined or supported a labor organization and in order to discourage union activities and/or membership.


Within the previous six months, the Employer disciplined or retaliated against an employee(s) because the employee(s) engaged in protected concerted activities by, inter alia, discussing wages, hours, or other terms and conditions of employment and in order to discourage employees from engaging in protected concerted activities.

Within the previous six months, the Employer disciplined or retaliated against an employee(s) because the employee(s) engaged in protected concerted activities by, inter alia, protesting terms and conditions of employment and in order to discourage employees from engaging in protected concerted activities.

Within the previous six-months, the Employer has interfered with, restrained, and coerced its employees in the exercise of rights protected b Section 7 of the Act b interrogating employees about their union activities.

Within the previous six months, the Employer failed and refused to bargain in good faith with the union as the collective bargaining representative of its employees by making unilateral changes in terms and conditions of employment.

[Gothmog]

39. Washington Post-Sanders campaign union faces accusation, federal filing shows

Link to tweet

The document filed earlier this week with NLRB against the Sanders campaign alleged that the campaign discharged, disciplined or retaliated against employees for reasons including joining or supporting a labor organization and engaging in protected labor-related activities. It also alleged that the campaign interrogated employees about union activities.

At the end of the filing, the charging party included additional information in support of the claims, including accusations that the campaign “failed to notify us upon hire” that there was a collective bargaining agreement and that it violated the agreement by requiring additional workdays.

That earlier complaint hinted at a forthcoming action against the union. “The Union did nothing” to address the issues with the campaign, it says, adding, “I will be filing a DFR against them.” A DFR often refers to a “duty of fair representation,” which is what was filed Thursday against the union.

The charge against the Sanders campaign also alleges, “At hiring, employer promised some employees housing, and not others; some were promised expenses, and others were not. The [collective bargaining agreement] requires relocation expenses be paid. Employer retaliated against me when I organized the bargaining unit and sent an email requesting compliance with the CBA.”

[BannonsLiver]

41. Maybe a Sanders supporter

Can post a pic of David Brock without context (as was done in another thread) to shut us all up about this story.

Because yeah, that’ll fix it!

[Gothmog]

42. From my twitter feed

Link to tweet