MSNBC: Hobby Lobby: A new tool for crushing workplace unionization?

[Omaha Steve]

http://www.msnbc.com/msnbc/hobby-lobby-workplace-unionization




Religious freedom supporters hold a rally to praise the Supreme Court's decision in the Hobby Lobby, contraception coverage requirement case on June 30, 2014 in Chicago, Illinois. Scott Olson/Getty


07/15/14 04:14 PM—UPDATED 07/15/14 04:16 PM

By Ned Resnikoff

A little-known religious exemption to United States labor law may have just become extremely important, thanks to the Supreme Court’s ruling in Hobby Lobby.

By declaring that “closely held” corporations may hold religious beliefs, the court may have provided businesses with a new tool for crushing workplace unionization drives. In addition to declaring themselves exempt from contraception mandates and non-discrimination laws, religious employers may soon be able to argue for an exemption from collective bargaining laws.

“All you need is one employer saying, ‘My religious beliefs tell me I shouldn’t collectively bargain,’” said Alex Luchenitser, associate legal director for Americans United for Separation of Church and State. If an employer takes the National Labor Relations Board (NLRB) to court and uses that argument, it could set the table for a major court battle over the future of union rights in nominally religious workplaces.

Religious primary and secondary schools are already exempt from collective bargaining rules, thanks to the 1979 Supreme Court case NLRB v. Catholic Bishop of Chicago. In a 6-3 decision, the court ruled that the NLRB does not have jurisdiction over schools “operated by a church to teach both religious and secular subjects.” As a result, schools operated by the Catholic Bishop of Chicago were under no obligation to recognize employee unions, no matter the circumstances. Putting religious schools under the jurisdiction of the NLRB, the court reasoned, would present “a significant risk of infringement of Religion Clauses of the First Amendment.”

FULL story at link.

[Initech]

1. Hobby Lobby and other religious corporations should just move to Iran and get it over with.

Seriously it would be a match made in heaven, or whatever their definition of heaven is. This is an incredibly dangerous ruling, make no mistake about it.

[CBGLuthier]

2. I am fairly certain that their idea of Heaven does not include Persians, Arabs, and Muslims.

[KamaAina]

3. Where in the Bible does it say doodley-squat about unions?

[factsarenotfair]

4. Well, here's HL's Employee Arbitration Agreement (to preclude lawsuits)

Arbitration Agreement

If you wish to be considered for employment, you must read and sign the Hobby Lobby Mutual Arbitration Agreement.

You and the Company mutually agree to submit all employment-related legal disputes (excluding claims for benefits under workers' compensation, unemployment compensation laws, and ERISA-governed benefit plans) between you and the Company to binding arbitration. You are required to sign and return this Mutual Arbitration Agreement as part of, and in consideration for, applying for a position with the Company, and as a condition of employment and continued employment should you be hired.

Arbitration is mutually beneficial to both the Company and you. Arbitration provides: a speedier and less complicated process than litigation; a less costly process with the arbitrator's administrative costs and fees borne solely by the Company; and an experienced decision maker. Arbitration under the Mutual Arbitration Agreement between you and the Company shall be conducted by either the American Arbitration Association or the Institute for Christian Conciliation and pursuant to the American Arbitration Association's Employment Arbitration Rules and Mediation Procedures or the Institute for Christian Conciliation's Rules of Procedure for Christian Conciliation, respectively, and/or any other applicable rules then in effect. At the time you submit the dispute to arbitration, you will be asked to select which arbitration provider to arbitrate the matter: either the American Arbitration Association or the Institute for Christian Conciliation.
...
https://2xrecruit.kenexa.com/kr/cc/hobbylobby/ArbitrationAgreement.

Institute for Christian Conciliation???? Wow, that's interesting.

[Omaha Steve]

6. NO option for Federal arbitrators

Credit card companies do the same TRICK!!!

[neverforget]

5. their closely held belief is to maximize profit while

paying as little as possible to their employees. It's what Jesus would do or something. ......

[BrotherIvan]

10. ^^This!^^

[factsarenotfair]

7. Wage and hour lawsuit against HL in California. THIS IS IMPORTANT.

Hobby Lobby Wage Class Pits PAGA Against Concepcion

Law360, Los Angeles (June 09, 2014, 9:31 PM ET) -- A putative class of Hobby Lobby Stores Inc. workers urged a California federal judge on Monday to keep alive their wage-and-hour suit, saying the judge's tentative ruling citing the U.S. Supreme Court's 2011 Concepcion decision to require individual arbitration conflicts with the state's Private Attorneys General Act.
During arguments in Santa Ana, California, the plaintiffs' attorney Matthew R. Bainer of Scott Cole & Associates APC contended that the defense's request to compel individual arbitration should not be granted because under PAGA, the plaintiffs are acting as a representative of the state seeking an enforcement penalty, rather than as private plaintiffs seeking damages.
...
In the Hobby Lobby case, plaintiffs Jeremy Fardig, Jeremy Wright and Christian Bolin sued the company in Orange County Superior Court in February. They alleged state-law claims that the arts-and-crafts store chain didn't provide proper meal and rest periods, failed to pay wages or keep accurate itemized wage statements, and conducted unfair business practices.

The case was removed to federal court in April, and Hobby Lobby filed a motion to dismiss the case and compel arbitration a week later.
...
http://www.law360.com/articles/546347/hobby-lobby-wage-class-pits-paga-against-concepcion

[Squinch]

9. So these devout christians treated their employees like slaves, I see. I hope this stays alive.

Damn hypocrites.

[factsarenotfair]

11. Perhaps they use the Old Testament references to slavery to justify how they

treat their employees now.

[Squinch]

12. I'd answer, but I have to run if I'm going to make the Stone the Idolater glitter sale!

Last edited Wed Jul 16, 2014, 03:33 PM - Edit history (1)

[factsarenotfair]

13. Ha! LOL

[Squinch]

8. Basically, now I could say that my religion requires that people wear chickens on their heads. That

ruling just gave corporations carte blanche over the lives of their employees.

And yes, I know that the ruling itself had lots of verbiage about narrow interpretation. But the cases are now flooding the lower courts to expand it to an almost infinite interpretation.