A union vote to watch, and behind the scenes on Su

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QUICK FIX

NOT MUSIC TO GOOGLE’S EARS: Contractors for YouTube Music will vote Wednesday on whether to unionize, in a joint employer case that could lead them to negotiate with Google’s parent company — which has been labeled as jointly employing the workers in a decision from a National Labor Relations Board regional director.

If the employees vote to unionize, it will mark another step forward in what could become a protracted dispute over whether Google must negotiate with workers who are directly employed by another company, Cognizant, and work on behalf of Google.

“It has liability consequences, and it has organizing consequences, and it has bargaining consequences,” G. Roger King, senior labor and employment counsel at the HR Policy Association, said of joint employer negotiations.

Employers are “not enthusiastic at all” about joint employer status, said King, whose association represents companies in labor issues.

Companies often contract out non-core aspects of their business, in part to avoid some of the costs and liabilities that come with doing that work in-house.

Google’s parent company, Alphabet, has vehemently denied being a joint employer, and is challenging the NLRB’s decision to designate them as one. Their lawyers have argued they do not control the terms or conditions of employment for the workers and should be dismissed from the union petition.

“As we’ve said before, we fully respect the right of these Cognizant employees to join a union or not,” a Google spokesperson wrote in a statement to POLITICO, “but this is a matter between them and their employer, Cognizant.”

Lawyers for the union dispute that: “Just as David Copperfield could not really make the Statue of Liberty disappear, Google cannot make the mountain of evidence supporting its joint employer status disappear,” they wrote in a statement opposing Google’s request for a review of the NLRB official’s decision.

The case comes as the NLRB has a pending rule that would broaden the legal standard on whether a worker is employed jointly by more than one employer. In the decision labeling Google as a joint employer in this case, the regional director cited the more narrowly defined Trump-era standard.

“There are many more questions than answers, frankly,” King said. “And that’s why I think this case, particularly — people who are looking to see if the board provides any greater clarity in what it’s going to do.”

A spokesperson for Cognizant declined to comment before the vote. The Alphabet Workers Union and lawyers representing them did not respond to requests for comment sent last week.

GOOD MORNING. It’s Monday, April 24. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. Send feedback, tips, and exclusives to [email protected] and [email protected]. Follow us on Twitter at @nickniedz and @oliviaolanderr.

On the Hill

BEHIND THE SCENES ON SU: Unions are pouring in support and the White House is holding nightly “war room” calls with backers as the Biden administration looks to bring acting Labor Secretary Julie Su’s nomination to the finish line, Nick and our Jennifer Haberkorn report.

“The White House knows what they need to do for the best outcome to get Julie Su confirmed,” said an organized labor official, who requested anonymity to discuss political strategy.

Still key to the fight are moderate Democratic senators and independent Sen. Kyrsten Sinema (Ariz.), as Republicans signal they’re united in opposition to Su’s confirmation.

To that end, Su has spoken to Sinema, Nick and Jennifer report according to two sources familiar with the situation. And the White House is in touch with Sen. Joe Manchin (D-W.Va.), an administration official said.

And some labor leaders are pitching her similarities to the last Labor Secretary Marty Walsh, as Republicans try to frame her as more radical than her would-be predecessor.

“If you liked the way Marty Walsh operated as the Secretary of Labor, then there’s no reason not to embrace Julie Su,” American Federation of Teachers President Randi Weingarten told POLITICO.

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IN THE STATES

RUTGERS RISK RESUMES? The faculty unions at Rutgers University are considering starting up their strike again, amid frustration over the pace of finalizing contract negotiations with the university, our Daniel Han reports.

It’s “possible” the strike resumes, the president of a union representing part-time lecturers said, but the situation is fluid.

The unions negotiated with the university after Gov. Phil Murphy intervened, reaching a “framework” deal. But now, “unions have described the Rutgers University administration as being slow-moving on finishing it,” Daniel reports.

More state news: “The conservative campaign to rewrite child labor laws,” from The Washington Post.

Unions

AFT LAWYERS UP: American Federation of Teachers President Randi Weingarten has retained top white-collar defense attorney Michael Bromwich, as she prepares to face questions this week from the House Select Subcommittee on the Coronavirus Pandemic, our Juan Perez Jr. reports.

The Republican-led committee is expected to ask her about the union’s alleged political influence over federal guidelines they blame for closing schools in the height of the pandemic.

Bromwich has previously represented high-profile people including Christine Blasey Ford, the professor who alleged she was sexually assaulted by now-Supreme Court Justice Brett Kavanaugh, Juan reports.

SAFETY, NOT STOCKS, RAIL UNIONS SAY: A coalition of unions representing more than 100,000 freight rail workers is asking U.S. freight rail companies to stop stock buybacks until they meet demands related to industry safety.

Railroads aren’t likely to bite on the proposal, The Associated Press reported Friday.

The demand comes after several high-profile derailments and subsequent congressional calls to action.

More union news: “Another Trader Joe’s Store Just Formed A Union,” from HuffPost.

In the Workplace

CIA FACES MISCONDUCT QUESTIONS: The House Intelligence Committee is looking into whether the Central Intelligence Agency mishandled sexual assault and harassment in its workplace, our Daniel Lippman reports according to four people familiar with the matter.

CIA Director Bill Burns has said he would cooperate, Daniel reports from people familiar.

“At least three female CIA employees have approached the committee since January to tell them that the agency is discouraging women from making sexual misconduct complaints,” Daniel reports.

More workplace news: “GM hit with $365K fine by feds, settles discrimination claim,” from the Detroit Free Press.

Around the Agencies

STAFFING SLOWS ‘EMERGENCY’ RESPONSES: Slow response times in implementing emergency injunctions for labor violations reflect tight staffing in the National Labor Relations Board’s prosecutor’s office, Law360 reports.

It took the NLRB general counsel’s office almost 10 months to file emergency injunctions that immediately put an end to ongoing violations during agency litigation, General Counsel Jennifer Abruzzo said this month on last fiscal year’s data. That’s similar to the timeline disclosed in 2018, Law360 reported.

Given staffing losses and increased workload, one labor law professor told Law360 he was “actually sort of impressed by the numbers.”

Immigration

‘THE PURCHASE OF HUMANS’: Seasonal migrant workers on H-2A visas face vulnerabilities from wage theft and illegal recruitment fees to exploitation and abuse, Prism, Futuro Investigates and Latino USA found in an investigation of the program for temporary workers.

“[Y]ou can see that the H-2A program literally is the purchase of humans to perform difficult work under terrible conditions, sometimes including subhuman living conditions,” Mike Rios, a regional agricultural enforcement coordinator with the Labor Department, said in the investigation.

Accountability is limited by incentives against reporting and weak investigative power, the outlets wrote.

“Reforming the H-2A program doesn’t appear to be an issue that’s on President Joe Biden’s radar,” the outlets reported. “Rather, his administration plans to reduce migration to the southern border by expanding the H-2A program to bring in more workers from Central America.”

What We're Reading

— “More layoffs pile up, shaking labor market that has proved resilient,” from The Washington Post.

— “Small Towns Chase America’s $3 Trillion Climate Gold Rush,” from The Wall Street Journal.

— “UPS Women Denied Class Status in Suit Over ‘Old Boy’s Club,’” from Bloomberg Law.

— “Uber Beats New York Driver’s Minimum Wage Allegations, for Now,” from Bloomberg Law.

THAT’S ALL FOR SHIFT!