​For an overview of a union’s right to strike under federal law, see our recent blog discussing the subject here.  

The International Alliance of Theatrical Stage Employees (IATSE) represents over 150,000 workers in the entertainment industry in the United States and Canada, including costume and set designers, makeup artists, script coordinators, camera operators, and other on-set workers.
 
The IATSE has been negotiating with the Alliance of Motion Picture and Television Producers (AMPTP), which represents the studios and production companies, for months to reach a new collective bargaining agreement. Some of the most critical terms for a new agreement to the IATSE include limits to shooting hours, increased wages and compensation, rest and meal periods, and working conditions.
 
On October 4, 2021, IATSE members overwhelmingly voted in favor of a strike authorization following unproductive negotiations. IATSE President Matthew Loeb then set a Monday, October 18 deadline to reach a new agreement with the AMPTP. If a deal is not reached by 12:01 a.m. Pacific Time Monday, union members will begin a nationwide strike that would set in motion the nation’s largest work stoppage since the 2007-2008 strike by the Writers Guild of America and would be the first strike for IATSE in its 145-year history.

​About 10,000 members of the United Auto Workers (UAW) union went on strike against farm and construction equipment maker John Deere this morning, October 14, 2021. The UAW had reached a tentative six-year agreement with the company two weeks ago, but 90% of the union’s membership voted against it and a new agreement has not been made.
 
This is the nation’s largest private-sector strike since the UAW’s six-week strike against General Motors two years ago. Workers are most certainly emboldened by the increase in demand during the pandemic coupled with the shortage of workers. The contracts under negotiation cover 14 Deere plants across the United States.

​More than 24,000 Kaiser Permanente nurses and healthcare workers also authorized a strike. The United Nurses Association is contesting Kaiser Permanente’s efforts to cut wages amidst turning a $2.7 billion profit in the pandemic. The strike would involve nurses, pharmacists, rehab therapists, midwives, and optometrists at Kaiser hospitals throughout California and could come as soon as 10 days after giving notice to the employer as required by law.

​About 1,400 Kellogg workers represented by the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM) at four U.S. plants are also currently on strike. These workers produce cereals for brands including Rice Krispies, Fruit Loops, Frosted Flakes, and Raisin Bran.
 
Kellogg workers are striking against a proposed two-tier system for current and new employees along with no offer for pensions to new employees, a removal of cost-of-living provisions, and changes to holiday pay and vacations. These employees often worked seven days a week, 16 hours per day during the pandemic. 

​This is only a snapshot of strike activity in the U.S. this month. Several other large groups of workers have voted to authorize strikes across the country and many more strikes are likely to emerge. This comes after the National Labor Relations Board noted a record low number of strikes in 2020, reaching only 27,000 workers. Whether this momentum will continue into the new year remains to be seen, but October has certainly resulted in a swift rise for the American labor movement. 

With a Facebook whistleblower dominating recent national news headlines, the question of what exactly a whistleblower is and what protections one has when coming forward with information may be in readers’ minds. 

A whistleblower is someone, usually an employee, who reports an organization or agency’s waste, fraud, abuse, corruption, dangers to public health and safety, or other illegal or illicit activity to someone who has the authority to to rectify the wrongdoing. 

First, a distinction must be made between federal whistleblowers, public whistleblowers, and private whistleblowers, as different federal laws apply to each category.

In 1989, Congress passed the Whistleblower Protection Act, guaranteeing that federal whistleblowers would not face retaliation if they reported misconduct within their departments. The law protects any employee who reports illegal activity as well as “mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety” taking place in their offices. The more recent Whistleblower Protection Enhancement Act of 2021 similarly protects federal employees from retaliation.

Whistleblower protections vary widely between states, and Texas whistleblower laws are not as protective as others.

The Texas Whistleblower Act prohibits a state or local governmental entity from taking adverse personnel action against a “public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement agency.” The elements of a Texas Whistleblower Act claim are: (1) the plaintiff was a public employee; (2) the defendant was a state agency or local government; (3) the plaintiff reported in good faith a violation of law to an appropriate law enforcement agency; and (4) the plaintiff’s report was the but-for cause of the defendant’s suspending, firing, or otherwise discriminating against the plaintiff at the time the defendant took that action.

The term “good faith” means that the employee believed that the conduct reported was a violation of law and the employee’s belief was reasonable in light of the employee’s training and experience. An employee’s mistaken belief that she is reporting a violation of law to the appropriate law enforcement authority is still in good faith, and she may still be protected by the Act, if the employee believes the governmental entity is authorized to either regulate under or enforce the law alleged to have been violated in the report or to investigate or prosecute a violation of criminal law and the employee’s belief is reasonable in light of the employee’s training and experience.
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An appropriate law enforcement authority to which a public employee can report a violation of law, the authority must have outward-looking powers; it must have the authority to enforce, investigate, or prosecute violations of law against third parties outside of the entity itself, or it must have authority to promulgate regulations governing the conduct of such third parties. The authority must be actually responsible for regulating under or enforcing the law allegedly violated and must have law enforcement authority over third parties outside of the entity. 

It is not always possible to consult an attorney prior to coming forward with information that entitles the employee to whistleblower protection; however, to the extent it is possible, consulting with an experienced attorney is strongly recommended. Employees wishing to file a lawsuit for discrimination or retaliation under the Texas Whistleblower Act and other state and federal laws should seek assistance from an experienced employment attorney.