Local 100 Puts Cowboys Owner Jones on Notice While Withdrawing NLRB Charge

New Orleans  Local 100 United Labor Unions notified NLRB Region 16 that it was withdrawing the charge filed over two weeks ago over threats made by Dallas Cowboy’s owner, Jerry Jones, to “bench” his players of they protested during the national anthem.

In a press release describing its action, Local 100 said the following about the situation:

…withdrawing its NLRB charges at this time, Local 100 did so because the National Football League after meeting with the owners and players has ruled that there will be no discipline of players for utilizing their “platform” and protesting the societal situation of racial injustice and police brutality that is impacting their working conditions and lives. Furthermore, the NFL committed to continued dialogue about these situations and taking positive, though unnamed steps, to address them in the larger community. NLRB rules allow the union to refile these charges at any time.

Since the filing of Local 100’s charges, Jones has not repeated the threats against the players that were the subject of the charges. United Labor Unions’ Chief Organizer, Wade Rathke said, “If Jerry Jones threatens or disciplines any players of the Dallas Cowboys despite the clear position of the NFL and others, we will immediately refile these charges with the NLRB and pursue them to their conclusion. We are hopeful that Jones has learned that there are legal limits that guide his treatment of his workforce and rights that cannot be abridged, regardless of his own personal opinion. We will continue to monitor this closely. We hope a lesson was learned, and that we had some small impact on this debate, and the actions of the NFL doing the right thing.”

Has Jones really learned his lesson? We hope so, but we doubt it. We believe in fact that it is more likely that a combination of our action emboldening his own lawyers to tell him he was across the line and to shut up, the NFL overlords telling him his position was untenable and he needed to back up, and the anger of his own players at his bullying all forced him in retreat. As cbssports.com reported among many others, “Cowboys players were reportedly angered by Jones’ public hard-line stance, and the team had a meeting with Jones about it during the bye week.” There were no public comments, but privately it was well-known that players told Jones he was out of line.

The final straw convincing the union that it was best to withdraw for now and leave the matter hanging became clear after Jones’ vacillating in reaction to defensive tackle David Irving raising his fist after anthem in the last game. Jones tried to walk the line saying as long as it was not during the anthem, no problem. Jones again was exposed as “all talk, no cattle.” Or, as The Nation’s David Zirin has written, “… the fact Jerry Jones now has to smile his way through it is just another sign of how much ground the owners lost and how much of their own humanity the players have reclaimed.”

And, besides reclaiming their “humanity,” the players have also learned the power of their labor rights both under the NLRA and their own contract, which the NFLPA shrewdly enforced in the meeting with the owners. As Local 100’s statement said as well, we were

…also glad that … [our] action in stepping in to file charges against Jones and Cowboys for their treatment of their players ignited a national debate about the rights and entitlements the players had as workers under the National Labor Relations Act. Lawyers, professors, and others have joined the debate in newspapers, blogs, and websites on the question with the preponderance of them supporting Local 100’s standing to file and the fact that the union drew attention to the role of the NLRA in protecting workers’ rights in these situations. The union is hoping that its action will prompt other workers caught in difficult situations in their jobs, too often unrepresented, to understand the law and take advantage of its provisions to protection themselves and exercise their rights.

This clearly isn’t over. The protests, though diminished, continue. And so does the debate, and that’s a good thing for the players, the cause, and workers and their communities everywhere.

Professor Tim Wu, free speech, computer expert, and occasionally columnist for the New York Times threw another brick at the window, this time at the White House, which was pulling the strings on the Cowboys’ Jones, saying...

…the White House needs to be held accountable when it tries to use private parties to circumvent First Amendment protections. When it encourages others to punish its critics — as when it demanded that the N.F.L., on pain of tax penalties, censor players — it is wielding state power to punish disfavored speech. There is precedent for such abuses to be challenged in court.

The fat lady won’t sing on this one until victory is complete. There will be many test questions in the future for Jerry Jones and his ilk on the lessons they are being forced to learn now.

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The Painful Tragedy of the Digital Divide

computers_0Little Rock    For more almost 25 years, Local 100 United Labor Unions has represented school support workers mostly in Texas and Louisiana from Head Start to high school from teachers to bus drivers to cafeteria workers and janitors. Most of our work is concentrated in the cities now, Dallas, Houston, New Orleans, Baton Rouge, and Little Rock, because the members’ dues can afford the infrastructure there, but every month we still get regular dues checks from our members at the outposts of local.

About this time of year when winter lingers and spring is pushing forward in this part of the country, I used to join Orell Fitzsimmons, 100’s Texas State Director, for what we called our “fence mending” tour. I would meet him in Houston and then we would drive to Corpus Christi, meet with Willie Fleming there, and then stay in some cheap motel along South Padre Island before we went through our school districts along the Rio Grande Valley before heading back north toward San Antonio and back around to Houston. Sometimes we would stop and take a picture of Texas state highway 100 on the way to Donna to visit our members in the school district there before doubling back to McAllen, Pharr, McAllen, and Brownsville. Everything in south Texas is a long ride.

The FCC is voting soon on a Band-Aid, but essential program to expand “lifeline” funds collected from the big telecoms to offer increased access to broadband internet to lower income families. If we were really serious about attacking inequality we would do a whole lot more, including forcing these public utilities to make all internet affordable to all families in their homes as a basic necessity, but at least we’re doing a little something-something.

Forty percent of the families in South Texas where we used to fence mend do not have access at home to the internet. Looking at a picture in the New York Times of children standing outside a schoolhouse in McAllen, one of our old Texas school districts, so that they could download homework assignments from a school’s wireless hotspot, is just about enough to bring tears to my eyes from the rage boiling my brain. Reading about a young girl in the Donna Independent School District, that we know like the back of our hands, who rides a bus 3-hours a day so that she can use the Wi-Fi on the bus to keep her grades up is tragic. Reading about another 17-year old girl who finishes her after-school job in Pharr and then has to go to a friend’s house to use the internet in order to get assignments in before the midnight deadline that are required to be submitted on-line just about sends me to the street to scream.

Why are we not doing better for these children? Why are these school districts not paying a janitor a couple of extra dollars to keep the cafeteria open for these young scholars to do their homework until 9PM or even later? Why are teachers so brutally insensitive to the children they see eye-to-eye across their desks? What kind of casual cruelty is becoming part of the DNA of our society? And, that’s downstream, when so much of the problem is upstream in corporate suites and politicians offices.

The Rio Grande Valley is not an exception either. More than 30% lack internet access in New Orleans, Detroit, and other broke-ass cities, that are also not surprisingly majority-minority cities. 25% of library users now in cities according to surveys find their patrons coming to use the computers and internet, yet how many are open the hours that students need?

Half-steps are probably better than standing still, but we need a full-on march to deal with the digital divide and the inequality it advances so clearly for so many struggling so hard.

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