NLRB Finds Employer Rule Prohibiting Audio and Image Recording at Work Violates Employees’ Labor Rights
By Caroline Cohen | January 8, 2016
The National Labor Relations Board (“Board”) recently held that employees can take photos and record conversations in the workplace to safeguard their labor rights, setting an important precedent in the workplace in an era of smartphones and social media.
The case took issue with Whole Foods’ rule prohibiting employees from taking photos or recording conversations in a store without a managers’ prior permission or unless all parties involved give consent. The Board found the rule unlawful because of its potential chilling effect on employees’ Section 7 rights under the National Labor Relations Act. Section 7 rights include the right to take action together with other workers for the purpose of collective bargaining or protecting each other’s work place rights.
The Board made it clear workers have the right to use smartphones or other recording devices in their workplace to:
- document unsafe working conditions or hazards,
- record uneven application of workplace rules,
- capture evidence to use in employment-relations actions (such as conversations revealing discrimination), and
- record discussions about terms and conditions of employment.
The Board specifically reiterated the concept that photography and audio or video recording is protected in the workplace when done in the context of protected concerted activity or Union activity. Where employees are acting together and for the mutual aid and protection of their coworkers, and no overriding employer interest is present, such conduct is protected by law. Accordingly, the Board ordered Whole Foods to rescind or revise its handbook rules related to recording, and notify employees of this change.
The Board’s ruling is significant given the potential impact of smartphones in the workplace. First, managers’ knowledge of workers’ ability to take photos and record conversations should act as a deterrent to unlawful conduct by management and encourage compliance with the law. Second, when labor laws are broken, workers’ ability to prove and vindicate their rights increases. Third, the ruling signals another potentially powerful organizing tool. For example, workers in an organizing drive can record “captive audience” meetings to reveal a company’s aggressive anti-union tactics and expose the meetings’ true purpose. Lastly, any company with a policy similar to Whole Foods’ policy can now be more easily challenged as to that policy.
State laws on recording may still apply in certain scenarios. For example, California requires that parties to an audio recording or phone conversation must consent to its recording (for more detail, see Cal. Penal Code § 632). Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington have similar consent laws related to recording.
For more information regarding the use of smartphones or other devices in the workplace, contact your labor law counsel.
Closed military zone in Shuhada Street and Tel Rumeida extended yet another month
International Solidarity Movement | February 6, 2016
Hebron, Occupied Palestine – Since the 1st of November 2015 the Tel Rumeida area and Shuhada Street in occupied Al-Khalil (Hebron) has been declared a ‘closed military zone’. The first declaration of the closure was for one month, but since then the order has been extended several times.
The newest order from the 1st of February declares the area as closed till the 1st of March with the chance of extension.
Shuhada Checkpoint (Checkpoint 56)
The closure effects the residents of the area every single day. Every family living in the area has been given a number and was forced to register with the Israeli forces. When entering the area, through checkpoints, the residents have to show ID, give their number and often also answer questions and get bag and body searched. Friends and family of the residents are unable to visit them inside the area; even doctors or craftsmen are completely barred from entering the area.
Furthermore, the closed military zone has led to the eviction of two human rights organisations based in Tel Rumeida. These are now banned from living in their houses and working from their offices and since they are banned from the whole area are not able to observe and document the rampant Israeli human rights violations. The ‘closed military zone’ clearly intends to evict Palestinian residents in order to allow for an expansion of the illegal Israeli settlements, and by evicting human rights defenders to silence the truth on the Israeli forces harassment, attacks and human rights violations.
Israeli movement calls for separating 28 Palestinian villages from Jerusalem
MEMO | February 6, 2016
New Israeli movement Save Jewish Jerusalem has called for the building of a wall encircling 28 Palestinian villages in East Jerusalem in order to preserve the city’s Jewish identity, Israeli newspaper Maariv reported on Friday.
According to Quds Press, which reported on the news published in Maariv, Save Jewish Jerusalem was set up by the former Cabinet minister Haim Ramon, alongside a number of former political, security and military officials.
Maariv noted that the movement does not belong to a certain political faction.
The manifesto’s authors explain that by removing some 200,000 Palestinians from the municipal boundaries of Jerusalem, the city’s Jews will constitute more than 80% of its residents, and the percentage of Palestinians will drop to less than 20%, from the nearly 40% today.
After the villages’ separation from Jerusalem, the Israel Defence Forces (IDF) and other security agencies would operate in them the way they currently do in the rest of the West Bank, according to the manifesto.
Risking World War III in Syria
By Joe Lauria | Consortium News | February 6, 2016
Defense Secretary Ashton Carter last October said in a little noticed comment that the United States was ready to take “direct action on the ground” in Syria. Vice President Joe Biden said in Istanbul last month that if peace talks in Geneva failed, the United States was prepared for a “military solution” in that country.
The peace talks collapsed on Wednesday even before they began. A day later Saudi Arabia said it is ready to invade Syria while Turkey is building up forces at its Syrian border.
The U.N. aims to restart the talks on Feb. 25 but there is little hope they can begin in earnest as the Saudi-run opposition has set numerous conditions. The most important is that Russia stop its military operation in support of the Syrian government, which has been making serious gains on the ground.
A day after the talks collapsed, it was revealed that Turkey has begun preparations for an invasion of Syria, according to the Russian Defense Ministry. On Thursday, ministry spokesman Igor Konashenkov said: “We have good reasons to believe that Turkey is actively preparing for a military invasion of a sovereign state – the Syrian Arab Republic. We’re detecting more and more signs of Turkish armed forces being engaged in covert preparations for direct military actions in Syria.” The U.N. and the State Department had no comment. But this intelligence was supported by a sound of alarm from Turkey’s main opposition party, the Republican People’s Party (CHP).
Turkey, which has restarted its war against Kurdish PKK guerillas inside Turkey, is determined to crush the emergence of an independent Kurdish state inside Syria as well. Turkish strongman Recep Tayyip Erdogan stopped the Syrian Kurds from attending the aborted Geneva talks.
A Turkish invasion would appear poised to attack the Syrian Kurdish PYD party, which is allied with the PKK. The Syrian (and Iraqi) Kurds, with the Syrian army, are the main ground forces fighting the Islamic State. Turkey is pretending to fight ISIS, all the while actually supporting its quest to overthrow Assad, also a Turkish goal.
Saudi Arabia then said on Thursday it was prepared to send its ground forces into Syria if asked. Carter welcomed it. Of course Biden, Erdogan, Carter and the Saudis are all saying a ground invasion would fight ISIS. But their war against ISIS has been half-hearted at best and they share ISIS’ same enemy: Syrian President Bashar al-Assad. If the U.S. were serious about fighting ISIS it would have at least considered a proposal by Russia to join a coalition as the U.S. did against the Nazis.
The Prize of Aleppo
The excuse of the Geneva collapse is a ruse. There was little optimism the talks would succeed. The real reason for the coming showdown in Syria is the success of Russia’s military intervention in defense of the Syrian government against the Islamic State and other extremist groups. Many of these groups are supported by Saudi Arabia, Turkey and the United States in pursuit of overthrowing Assad.
These three nations are all apparently poised for a ground invasion of Syria just as, by no coincidence, the Syrian Arab Army with Russian air cover is pushing to liberate perhaps the greatest prize in the Syrian civil war — Aleppo, the country’s commercial capital. The Russians and Syrians have already cut off Turkey’s supply lines to rebels in the city.
The U.S. cannot stand by and watch Russia win in Syria. At the very least it wants to be on the ground to meet them at a modern-day Elbe and influence the outcome.
But things could go wrong in a war in which the U.S. and Russia are not allies, as they were in World War II. Despite this, the U.S. and its allies see Syria as important enough to risk confrontation with Russia, with all that implies. It is not at all clear though what the U.S. interests are in Syria to take such a risk.
From the outset of Russia’s intervention the U.S. and its allies have wanted Moscow out of the Syrian theater. They seem to be only waiting for the right opportunity. That opportunity may be now — forced by events.
Former U.S. national security adviser and current Obama adviser Zbigniew Brzezinski said last October in the Financial Times that, “The Russian naval and air presences in Syria are vulnerable, isolated geographically from their homeland. They could be ‘disarmed’ if they persist in provoking the U.S.”
Turkey’s downing in November of a Russian warplane that allegedly veered 17 seconds into Turkish territory appeared to be very much a provocation to draw Russia into a conflict to allow NATO to drive Moscow out of Syrian skies. But Russia was too smart for that and instead imposed sanctions on Turkey, while urging Russian tourists not to visit the country, which has hurt the Turkish economy.
A Battleground of Empires
As a fertile crossroad between Asia and Africa backed by desert, Syrian territory has been fought over for centuries. Pharaoh Ramses II defeated the Hittites at the Battle of Kadesh near Lake Homs in 1247 BCE. The Persians conquered Syria in 538 BCE. Alexander the Great took it 200 years later and the Romans grabbed Syria in 64 BCE.
Islam defeated the Byzantine Empire there at the Battle of Yarmuk in 636. In one of the first Shia-Sunni battles, Ali failed to defeat Muawiyah in 657 at Siffin along the Euphrates near the Iraq-Syria border. Damascus became the seat of the Caliphate until a coup in 750 moved it to Baghdad.
Waves of Crusaders next invaded Syria beginning in 1098. Egyptian Mamluks took the country in 1250 and the Ottoman Empire began in 1516 at its victory at Marj Dabik, 44 kilometers north of Aleppo — about where Turkish supplies are now being cut off. France double-crossed the Arabs and gained control of Syria in 1922 after the Ottoman collapse.
We may now be looking at an epic war with similar historical significance. All these previous battles, as momentous as they were, were regional in nature.
What we are potentially facing is a war that goes beyond the Soviet-U.S. proxy wars of the Cold War era, and beyond the proxy war that has so far taken place in the five-year Syrian civil war. Russia is already present in Syria. The entry of the United States and its allies would risk a direct confrontation between the two largest nuclear powers on earth.
Joe Lauria is a veteran foreign-affairs journalist based at the U.N. since 1990. He has written for the Boston Globe, the London Daily Telegraph, the Johannesburg Star, the Montreal Gazette, the Wall Street Journal and other newspapers. He can be reached at joelauria@gmail.com and followed on Twitter at @unjoe.
Bahrain ready for Syria deployment under Saudi lead: Diplomat
Press TV – February 6, 2016
The tiny Persian Gulf state of Bahrain says it is ready to deploy ground forces to Syria under the Saudi leadership as foreign-backed militants are losing ground in the face of the Syrian army advances.
The announcement by Bahraini Ambassador to Britain Sheikh Fawaz bin Mohammed Al Khalifa on Friday came after Saudi Arabia said it was ready to send troops to Syria.
In a statement, Sheikh Fawaz said Manama would commit troops to operate “in concert with the Saudis” in Syria.
The Bahraini diplomat said the Saudi initiative was meant to combat both Daesh and the government of Syrian President Bashar al-Assad.
“Under the leadership of Saudi Arabia, the [Persian] Gulf states are determined to take positive action within the region and globally to combat terrorism and extremism, from whatever quarter they emanate,” he said.
Sheikh Fawaz said the United Arab Emirates (UAE) was also ready to commit troops to Syria.
Bahrain, Saudi Arabia and the UAE are members of the US coalition that has been conducting air raids inside Syria since September 2014 without the Syrian government’s permit or a UN mandate.
They are staunchly opposed to the Syrian government, providing Takfiri militants with arms and funds to topple President Assad.
The Syrian army and allied fighters have made significant advances in recent weeks, especially in the areas near the second city of Aleppo.
In a surprise statement broadcast on the Saudi-owned Al Arabiya news network on Thursday, a spokesman for the Saudi defense ministry suggested that the kingdom could send troops to Syria.
“The kingdom of Saudi Arabia is prepared to participate in any ground operations that the anti-Daesh coalition might agree to carry out in Syria if there is consensus among coalition leaders,” the spokesman, Ahmed Asiri, said.
Pentagon chief Ashton Carter welcomed the offer, saying he looked forward to discussing it with the Saudi defense minister in Brussels next week.