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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?.

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Presentation Transcript
introduction
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
Who Does Organizer Work For Currently and While Organizing?
  • International
  • Local
  • Unionized employer
  • Independent contractor
hybrids
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
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
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
Liabilities and Exposures
  • Automobile
  • Workers Compensation
  • Benefits
  • Employment Related Practices
  • Defamation
  • Assault and Battery
  • Privacy
  • Disability
  • Labor Law Exposures
who has exposure
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
Transfer of Risk
  • Insurance
  • Contractual
insurance
Insurance
  • General Liability
  • Automobile
  • Employers Liability
  • Disability
  • Health Insurance
  • Media Liability
  • Union Liability
general liability insurance read the fine print
General Liability InsuranceRead 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
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
Other Exposures
  • Political Campaigns
  • Support Rallys
  • Issue Events
    • We Are America
    • Wal-Mart
    • End The War Now
risk avoidance and prevention
Risk Avoidance and Prevention
  • Contract
  • Prevention techniques
  • State laws
  • Checking driving records
lodging
Lodging
  • Renting Apartments
  • Reimbursing For Lodging
  • Personal Property of Organizer
dangerous words
Dangerous Words
  • Joint Venture
  • Sponsorship
  • Indemnification
  • Affiliate
worst nightmare
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
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
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
Claims
  • Importance of Timely Reporting
  • Who Is Responsible For Reporting
  • Instances and Circumstances
  • Indemnity – Wackenhut Clause
moral obligation
Moral Obligation
  • Organizer Seriously Injured
  • Who Should Pay?
  • Who is Legally Obligated?
  • Implied Understandings Between International and Local