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Did the company not have forewarning of the strike in this case? It's a common requirement to provide ten days notice of intent to strike depending on state and industry regulation.
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Jun 1, 2023 21:00
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The Puppy Bowl posted:Did the company not have forewarning of the strike in this case? It's a common requirement to provide ten days notice of intent to strike depending on state and industry regulation. They did not.
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Jun 1, 2023 21:03
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The Puppy Bowl posted:Did the company not have forewarning of the strike in this case? It's a common requirement to provide ten days notice of intent to strike depending on state and industry regulation. From the SC itself: "Glacier was on notice that a strike was possible"
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Jun 1, 2023 21:03
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Shazback posted:From the SC itself: "Glacier was on notice that a strike was possible" That is: 1) from the dissent, not the majority, and 2) about whether they knew a strike was theoretically possible, not about whether one was going to happen. From the majority opinion: "We agree that the Union’s decision to initiate the strike during the workday and failure to give Glacier specific notice do not themselves render its conduct unprotected. Still, they are relevant considerations in evaluating whether strikers took reasonable precautions, whether harm to property was imminent, and whether that danger was foreseeable." And "attempt 'to capitalize on the element of surprise' stemming from a lack of notice weighed in favor of concluding that a union failed to take reasonable precautions" IOW, no, not the kind of notice that would stop you from mixing concrete to load up the trucks union workers showed up to drive.
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Jun 1, 2023 21:12
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Shear Modulus posted:Probably less of an immediate loving than Joe and the Democrats making the rail strike illegal The railworkers should've gone on strike anyways. It can be ruled illegal but the courts can't force them to work and they aren't going to be made to work at gunpoint. The smug rear end in a top hat commentary from rail execs was plenty for Biden to use as fodder to side with the workers but that'd require Dem leadership to not be beholden to the capital class. Evil Fluffy fucked around with this message at 22:28 on Jun 1, 2023 |
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Jun 1, 2023 22:10
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Evil Fluffy posted:The railworkers should've gone on strike anyways. It can be ruled illegal but the courts can't force them to work and they aren't going to be made to work at gunpoint. The smug rear end in a top hat commentary from rail execs was plenty for Biden to use as fodder to side with the workers but that'd require Dem leadership to not be beholden to the capital class. They wouldn’t forcibly press strikers into work but if the strikers had an illegal picket line there’s a good chance they would shoot them.
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Jun 2, 2023 01:26
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Evil Fluffy posted:The railworkers should've gone on strike anyways. It can be ruled illegal but the courts can't force them to work and they aren't going to be made to work at gunpoint. The smug rear end in a top hat commentary from rail execs was plenty for Biden to use as fodder to side with the workers but that'd require Dem leadership to not be beholden to the capital class. What are they going to do, air traffic control them?
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Jun 2, 2023 01:50
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HootTheOwl posted:What are they going to do, air traffic control them? It would be interesting to see how easily you could find permanent replacements for the comparably lovely job of driving a train all over the place, as compared to a professional job with a predictable work location and schedule
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Jun 2, 2023 04:07
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Devor posted:It would be interesting to see how easily you could find permanent replacements for the comparably lovely job of driving a train all over the place, as compared to a professional job with a predictable work location and schedule You couldn’t because it takes literal years to train people to do that job, which is why there are so few doing it now (plus the work/life balance sucks) and why they can’t give them the time off they demand; there’s literally no one who could pick up the slack. It’s not a job you can just go and grab some Kelly temps to fill in on. That’s partially on the freight companies and partially on the union itself; neither has been keen on training up a lot of people.
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Jun 2, 2023 04:31
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Oracle posted:You couldn’t because it takes literal years to train people to do that job, which is why there are so few doing it now (plus the work/life balance sucks) and why they can’t give them the time off they demand; there’s literally no one who could pick up the slack. It’s not a job you can just go and grab some Kelly temps to fill in on. That’s partially on the freight companies and partially on the union itself; neither has been keen on training up a lot of people. Is there a way to get these people, or at least the system that staffs and trains the positions, classified as critical infrastructure? Because it seems like that's just as vulnerable as a rail terminal or whatever. I could foresee a situation where our physical infrastructure is intact, but useless because we failed to 'protect' the people who make it actually work.
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Jun 3, 2023 00:50
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During a strike in Portland a few months back the mayor declared scabs crossing a picket line at a wastewater treatment plant critical infrastructure so that the protesters preventing their entry to the facility could be arrested. He did not offer that designation to the striking workers while they were negotiating their contract.
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Jun 3, 2023 01:37
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I mean, that story of happened with quite traffic controllers in the US. If those train drivers get considered critical it means they'll have their right to strike taken away as obviously the first thing that the job needs is to be protected from the people who do it trying to stop doing it.
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Jun 3, 2023 08:09
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What are the big ticket items this year? Affirmative action and student loan forgiveness?
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Jun 3, 2023 12:01
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pencilhands posted:What are the big ticket items this year? Affirmative action and student loan forgiveness? Same-sex marriage discrimination, Colorado River water rights, redistricting / voter rights (yet again), and the ISL theory, also.
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Jun 3, 2023 12:14
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MrNemo posted:I mean, that story of happened with quite traffic controllers in the US. If those train drivers get considered critical it means they'll have their right to strike taken away as obviously the first thing that the job needs is to be protected from the people who do it trying to stop doing it. I meant more like, protect them in a way that recognizes their importance to the process and helps to ensure their continued existence. Train engineers don't work 4 hour shifts or have break rooms with video games in them, like ATCs do, nor, as I understand it, is there a pool of military train engineers just waiting to step in and replace them in their jobs. I just hear a lot of talk about protecting the things that our country runs on, and not so much about protecting the people who run them. When I would think both would be critically important, even just from a care and feeding perspective. Altruism isn't going to get this done, but you'd think at least one efficiency expert would realize the system works better when the workers aren't worn to the bone. But this is probably veering off topic.
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Jun 3, 2023 13:09
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MrNemo posted:I mean, that story of happened with quite traffic controllers in the US. If those train drivers get considered critical it means they'll have their right to strike taken away as obviously the first thing that the job needs is to be protected from the people who do it trying to stop doing it. Sounds like the solution is to ensure that people in critical "these jobs must go smoothly or the country will collapse" positions should have amazing pay and benefits so that they can focus on their work and not be pushed to the brink. The whole "take away the right to strike" thing is meaningless because the US government can't force them to work at gunpoint and trying to do so would end even worse than firing them with no replacements. Courts could order them to work but if they say "no gently caress you I'll just quit" then any judge who orders them to continue working is going to have their ruling ignored and be (rightfully) demonized as trying to enslave said worker(s). Though given how pro-business the courts are at every level (especially the SCOTUS) I don't expect any ruling that defends workers' rights to ultimately prevail even if one is issued at lower levels. I hope this cement company loses as well at the new trial if they knew a strike was possible because gently caress them. If strikes can't inflict pain on the company they become meaningless. Evil Fluffy fucked around with this message at 16:19 on Jun 3, 2023 |
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Jun 3, 2023 16:16
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Kalman posted:I'd read it as turning on a pretty specific aspect of timing, here - the drivers showed up, so the company started mixing concrete for that day's deliveries. Then the drivers walked off the job, rendering that concrete unusable and potentially ruining the trucks if the concrete wasn't dumped out. There seems to have been a pretty obvious intent from the workers to cause damage, I don't see any court deciding that was covered under the right to strike.
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Jun 3, 2023 20:19
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Evil Fluffy posted:Sounds like the solution is to ensure that people in critical "these jobs must go smoothly or the country will collapse" positions should have amazing pay and benefits so that they can focus on their work and not be pushed to the brink. This is what I was thinking, when we already have this drive and framework to protect critical infrastructure, why isn't the next logical step to deem the people worthy of protection too, in the form of better pay and benefits? Billions for a hardened rail network but not one cent for the people who operate it? I guess it would never happen but I think they should be federalized. Even post PATCO ATCs have a pretty sweet deal because of the nature of the work.
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Jun 3, 2023 21:40
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Timby posted:Same-sex marriage discrimination, Colorado River water rights, redistricting / voter rights (yet again), and the ISL theory, also. The Colorado River thing seems different than the usual stuff. What's the gist of that case?
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Jun 3, 2023 22:23
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Nissin Cup Nudist posted:The Colorado River thing seems different than the usual stuff. What's the gist of that case? https://www.scotusblog.com/2023/03/as-drought-persists-in-the-west-justices-to-consider-navajo-nations-rights-to-colorado-river/
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Jun 3, 2023 22:44
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AvesPKS posted:This is what I was thinking, when we already have this drive and framework to protect critical infrastructure, why isn't the next logical step to deem the people worthy of protection too, in the form of better pay and benefits? Billions for a hardened rail network but not one cent for the people who operate it? Don’t kinkshame commodity fetishism.
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Jun 4, 2023 01:35
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Keeping labor disciplined and financially precarious is more important to maintaining the system than timeliness of the trains. If you want an example of a group of employees whose job performance the system actually considers essential to its maintenance and spares no expense in giving them every comfort imaginable, take a look at the police.
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Jun 4, 2023 03:34
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rjmccall posted:https://www.scotusblog.com/2023/03/as-drought-persists-in-the-west-justices-to-consider-navajo-nations-rights-to-colorado-river/ This is a fascinating case, thank you for sharing.
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Jun 4, 2023 03:37
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Shear Modulus posted:Keeping labor disciplined and financially precarious is more important to maintaining the system than timeliness of the trains. Is it, though? I thought there would be severe, catastrophic consequences if trains stopped running, which is why the proposed strike got so much opposition. There aren't any reserve military railroad engineers waiting to step in and replace them, right? Seems like a pretty serious vulnerability. What if some bad actor decided to just hire away all the rail engineers into other jobs for more money? Seems more effective at disruption than bombs, in this system we've created.
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Jun 6, 2023 17:20
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AvesPKS posted:There aren't any reserve military railroad engineers waiting to step in and replace them, right? Seems like a pretty serious vulnerability. What if some bad actor decided to just hire away all the rail engineers into other jobs for more money? Seems more effective at disruption than bombs, in this system we've created. For some truly random trivia I looked this up once when joking about rail engineers. The answer is actually yes, the military does have rail engineers! About a dozen. There’s a couple Air Force bases in Alaska that do not have fuel pipelines and need a yard engine to move cars full of jet fuel around. Everywhere else has pipelines or can manage with just trucks.
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Jun 6, 2023 18:27
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As I understand it rail workers are already handsomely paid, that’s not the problem. The problem is the railways insist on controlling your time, in exacting detail, and they’re running out of people willing to submit to that Absences and PTO were the unions’ main demand in the almost-strike and it was the one thing the railroads wouldn’t give them, because it would force them to increase crew redundancy
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Jun 6, 2023 18:35
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haveblue posted:As I understand it rail workers are already handsomely paid, that’s not the problem. The problem is the railways insist on controlling your time, in exacting detail, and they’re running out of people willing to submit to that Yeah this was the biggest complaint from the strike, that workers got penalized for using vacation/sick time if not scheduled months in advance, despite which the company could call them in even if they were scheduled to be off if they needed them. Like, to the point where workers were getting dinged for being hospitalized for heart attacks and the like because the cocaine-addled bosses had whittled the workforce down so lean they couldn't cover such unexpected absences.
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Jun 6, 2023 18:38
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??? https://twitter.com/mjs_DC/status/1666811655609810945?s=20
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Jun 8, 2023 15:27
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Be curious to see the arguments. Superficially it looks like the Court desperately trying to claw back some legitimacy.
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Jun 8, 2023 15:30
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I'd assume it is a fig leaf for the bigger evil coming.
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Jun 8, 2023 15:39
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Ok but let's not lose focus from the most important ruling https://twitter.com/nycsouthpaw/status/1666811148283543553?cxt=HHwWgoDQkZD62aEuAAAA I'd have to look into it more later because I can't see how there could possibly be a trademark confusion between whiskey and dog toys, which are not only dog toys and not whiskey, but also named differently.
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Jun 8, 2023 15:42
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Republicans may be worried that at this point, after the results of the midterms (and Supreme Court race in WI), the “oops all gerrymandering” verdict can screw them over. Yeah, they can break the red states further, but how many purple states would they lose as a result of this? Wisconsin, Michigan, Colorado, New Mexico, Nevada?
Automata 10 Pack fucked around with this message at 15:50 on Jun 8, 2023 |
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Jun 8, 2023 15:48
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mobby_6kl posted:I'd have to look into it more later because I can't see how there could possibly be a trademark confusion between whiskey and dog toys, which are not only dog toys and not whiskey, but also named differently.  It was very obviously designed to make you think of a bottle of jack. If it's for big dogs it's probably also about the same size too haveblue fucked around with this message at 16:02 on Jun 8, 2023 |
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Jun 8, 2023 15:49
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Considering states like Ohio just keep making new illegal maps until they run out the clock and get to force the use of an illegal map for elections I'm a bit wary of this ruling having a real effect unless it means the Federal government can force ruling-compliant maps on states who engage in that behavior.Toaster Beef posted:Be curious to see the arguments. Superficially it looks like the Court desperately trying to claw back some legitimacy. It has to be because Roberts hates the VRA and it's pretty widely known that he does. Defending it absolutely comes across as a political move from him to try and make the court look better after Thomas's corruption got so much attention. e: Oh right, Kavanuagh's the one Roberts tried to get to side with him to not kill Roe so maybe he did the same thing here, stressing that a ruling that declares openly racist voter suppression in direct contradiction with the Constitution could cause the GOP to suffer next year like they did last year. Evil Fluffy fucked around with this message at 16:18 on Jun 8, 2023 |
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Jun 8, 2023 15:59
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mobby_6kl posted:Ok but let's not lose focus from the most important ruling They never reached likelihood of confusion, this was about whether they even have to get that far. SCOTUS says they do.
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Jun 8, 2023 16:24
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Okay, the last time when they did something this good - the ruling that will likely kill AI image scraping, it was immediately followed by a total horror. What's coming next?
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Jun 8, 2023 17:03
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StratGoatCom posted:Okay, the last time when they did something this good - the ruling that will likely kill AI image scraping, it was immediately followed by a total horror.
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Jun 8, 2023 17:10
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StratGoatCom posted:Okay, the last time when they did something this good - the ruling that will likely kill AI image scraping, it was immediately followed by a total horror. Constitutional fetal right to life from conception. Alternatively, federal constitutional right to open carry everywhere.
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Jun 8, 2023 17:10
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Hieronymous Alloy posted:Constitutional fetal right to life from conception. Fetal right to open carry, you say?
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Jun 8, 2023 17:23
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Evil Fluffy posted:Considering states like Ohio just keep making new illegal maps until they run out the clock and get to force the use of an illegal map for elections I'm a bit wary of this ruling having a real effect unless it means the Federal government can force ruling-compliant maps on states who engage in that behavior. Ohio is a bit of a weird outlier because every other state that has strict laws on making maps does eventually take the job away from the legislature and give it to the courts or some kind of alternate group to make a final map for the next election. Ohio didn't have that little bit and the legislature took full advantage of the lack of written legal consequences Edit: on VRA, I saw a couple stories (already fixed) where the media had clearly written the story in advance and did not quite nail the rewrites and quick edits. From the arguments it seems like it was a bad case for Roberts to gut the vra. I'm sure the gop got the message and will give him a better case next time around. Rigel fucked around with this message at 17:40 on Jun 8, 2023 |
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Jun 8, 2023 17:32
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