Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

Organizing by jizhen1947

VIEWS: 6 PAGES: 23

									Organizing – Risk Avoidance In
      Organizing Efforts


       When Good Ideas Go Bad
Introduction

   Plant Employee and Local Member Is
    Traveling To Temporary Headquarters of
    International To Work on Organizing
    Campaign. He Is Involved In Serious
    Auto Accident
   What’s Your Worst Case Scenario?
Who Does Organizer Work For
Currently and While Organizing?
   International
   Local
   Unionized employer
   Independent contractor
Hybrids

   International Provides Transportation,
    Meals, But Employee is Employed By
    Local
   Organizer On Leave From Plant
   Pure Volunteer?
   Sponsorship
Factors Used to Consider for
Whom Organizer Works
   Contract
   Who supervises and directs
   State law
   Benefits Provided
   W-2’s, 1099’s, etc.
Contractual Provisions
Affecting Respective Liabilities
   Indemnity and Hold Harmless
   Provision of Insurance
   Provision of Benefits
   State Law
   Supervision and Scope of Duties
   Place of Work
   Time of Work
Liabilities and Exposures
   Automobile
   Workers Compensation
   Benefits
   Employment Related Practices
   Defamation
   Assault and Battery
   Privacy
   Disability
   Labor Law Exposures
Who Has Exposure?

   International
   Local Union
   Officers and Employees of International
   Officers and Employees of local
   Unionized Employer
   Others
   Individual Temporary Organizer
Transfer of Risk

   Insurance
   Contractual
Insurance

   General Liability
   Automobile
   Employers Liability
   Disability
   Health Insurance
   Media Liability
   Union Liability
General Liability Insurance
Read The Fine Print
   “This Insurance Does Not Apply To
    “Bodily Injury,” “Property Damage,”
    “Personal Injury”…Arising Out of Any
    Boycotts, Picketing, … Or Any Similar
    Activity Or Job Action Related To A Labor
    Dispute Or To Labor Negotiations.”
General Liability Exclusion For
Organizing Efforts
   Exclusion On Local”s Policy
   Exclusion Not On International’s Policy
   Who do You Think Is Going To Be Sued?
Other Exposures

   Political Campaigns
   Support Rallys
   Issue Events
       We Are America
       Wal-Mart
       End The War Now
Risk Avoidance and Prevention

   Contract
   Prevention techniques
   State laws
   Checking driving records
Lodging

   Renting Apartments
   Reimbursing For Lodging
   Personal Property of Organizer
Dangerous Words

   Joint Venture
   Sponsorship
   Indemnification
   Affiliate
Worst Nightmare

   Rental Cars
       Master Contracts
       Non-Employee Drivers
       Whose Insurance Is Primary?
       Loss of Use, Diminution of Value,
        Administrative Fees
Times Are A Changing – Media
and Internet
   Are You Covered – GL, UL, Media Policies
   Republication
   False Light, Copyrights and Trademarks
   Blogs and Chat Rooms
   Privacy
Not a Problem?

   Racial Slurs On Police Union Chat Room
   Using Company Logos – Mickey Mouse,
    “Can You Hear Me Now.”
   “ Let’s All Meet For Drinks and Show
    Solidarity.”
Claims

   Importance of Timely Reporting
   Who Is Responsible For Reporting
   Instances and Circumstances
   Indemnity – Wackenhut Clause
Moral Obligation

   Organizer Seriously Injured
   Who Should Pay?
   Who is Legally Obligated?
   Implied Understandings Between
    International and Local
Conclusion

								
To top