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.
Giving Peace Very Little Chance
By Robert Parry | Consortium News | February 5, 2016
After nearly 15 years of Mideast war – with those conflicts growing ever grimmer – you might expect that peace would be a major topic of the 2016 presidential race. Instead, there has been a mix of warmongering bluster from most candidates and some confused mutterings against endless war from a few.
No one, it seems, wants to risk offending Official Washington’s neocon-dominated foreign policy establishment that is ready to castigate any candidate who suggests that there are other strategies – besides more and more “regime changes” – that might extricate the United States from the Middle East quicksand.
Late in Thursday’s Democratic debate – when the topic of war finally came up – former Secretary of State Hillary Clinton continued toeing the neocon line, calling Iran the chief sponsor of terrorism in the world, when that title might objectively go to U.S. “allies,” such as Saudi Arabia, Qatar and Turkey, all of whom have been aiding Sunni jihadists fighting to overthrow Syria’s secular regime.
Israel also has provided help to Al Qaeda’s Nusra Front, which has been battling Syrian troops and Lebanese Hezbollah fighters near the Golan Heights – and Israel’s mistreatment of Palestinians has played a key role in stirring up hatred and violence in the Middle East.
But Clinton has fully bought into the neocon narrative, not especially a surprise since she voted for the Iraq War, pushed the disastrous Libyan “regime change” and has sought a limited U.S. military invasion of Syria (to prevent the Syrian army from securing its border with Turkey and reclaiming territory from jihadists and other rebels).
Blasting Iran
In Thursday’s debate – coming off her razor-thin victory in the Iowa caucuses – Clinton painted Iran as the big regional threat, putting herself fully in line with the neocon position.
“We have to figure out how to deal with Iran as the principal state sponsor of terrorism in the world,” Clinton said. “They are destabilizing governments in the region. They continue to support Hezbollah and Hamas in Lebanon against Israel. …
“If we were to normalize relations right now [with Iran], we would remove one of the biggest pieces of leverage we have to try to influence and change Iranian behavior. … I believe we have to take this step by step to try to rein in Iranian aggression, their support for terrorism and the other bad behavior that can come back and haunt us.”
Iran, of course, has been a longtime neocon target for “regime change” along with Syria (and before that Iraq). Many neocons were disappointed when President Barack Obama negotiated an agreement to ensure that Iran’s nuclear program remained peaceful (an accord reached after John Kerry replaced Clinton as Secretary of State). The neocons had been hoping that the U.S. military would join Israel in an air war to “bomb-bomb-bomb Iran” — as Sen. John McCain once famously declared.
Yet, there were other distortions in Clinton’s statement. While it’s true that Iran has aided Hezbollah and Hamas in their resistance to Israel, Clinton ignored other factors, such as Israeli acts of aggression against both Lebanon, where Hezbollah emerged as resistance to an Israeli invasion and occupation in the 1980s, and the Palestinians who have faced Israeli oppression for generations.
Silence on the ‘Allies’
In the debate, Clinton also avoided criticism of Saudi Arabia, Qatar and Turkey for their military and financial assistance to radical jihadists, including Al Qaeda’s Nusra Front and Al Qaeda’s spinoff, the Islamic State. At the urging of Clinton, the Obama administration also approved military shipments to Syrian rebels who then either turned over or sold U.S. weapons to the extremists.
Iran’s role in Syria has been to help support the internationally recognized government of Bashar al-Assad, whose military remains the principal bulwark protecting Syria’s Christian, Alawite, Shiite and other minorities from possible genocide if Al Qaeda-connected jihadists prevailed.
Clinton also ignored her own role in creating a haven for these terror groups across the Middle East because of her support for the Iraq War and her instigation of the 2011 “regime change” in Libya which created another failed state where Islamic State and various extremists have found a home and started chopping of the heads of “infidels.”
Sen. Bernie Sanders of Vermont, who battled Clinton to a virtual tie in Iowa, took a somewhat less belligerent position at Thursday’s debate, repeating his rather naïve idea of having Sunni states lead the fight against Sunni jihadists. On the more reasonable side, he indicated a willingness to work with Russia and other world powers in support of an anti-jihadist coalition.
“It must be Muslim troops on the ground that will destroy ISIS, with the support of a coalition of major powers — U.S., U.K., France, Germany and Russia,” Sanders said. “So our job is to provide them the military equipment that they need; the air support they need; special forces when appropriate. But at the end of the day for a dozen different reasons … the combat on the ground must be done by Muslim troops with our support. We must not get involved in perpetual warfare in the Middle East.”
Sanders continued, “We cannot be the policeman of the world. We are now spending more I believe than the next eight countries on defense. We have got to work in strong coalition with the major powers of the world and with those Muslim countries that are prepared to stand up and take on terrorism. So I would say that the key doctrine of the Sanders administration would be no, we cannot continue to do it alone; we need to work in coalition.”
Sounding Less Hawkish
While Sanders clearly sought to sound less hawkish than Clinton – and did not repeat his earlier talking point about the Saudis and others “getting their hands dirty” – he did not address the reality that many of the Sunni countries that he hopes to enlist in the fight against the jihadists are already engaged – on the side of the jihadists.
Clinton, as she seeks to cut into Sanders’s lead in New Hampshire polls, has been stressing her “progressive” credentials, but many progressive Democrats suspect that Clinton could become a neocon Trojan Horse.
Arch-neocon Robert Kagan, a co-founder of the Project for the New American Century, has praised Clinton’s aggressive foreign policy.
Kagan, who was made an adviser to Clinton’s State Department (while his wife Victoria Nuland received big promotions under Clinton), said in 2014: “If she pursues a policy which we think she will pursue … it’s something that might have been called neocon, but clearly her supporters are not going to call it that; they are going to call it something else.” [For more, see Consortiumnews.com’s “Is Hillary Clinton a Neocon-Lite?”]
Not only did Clinton vote for the Iraq War – and support it until it became a political liability during Campaign 2008 – but she rejoined the neocon/liberal-hawk ranks as President Barack Obama’s Secretary of State. She routinely sided with neocon holdovers, such as Gen. David Petraeus, regarding Mideast wars and Israel’s hardline regime in its hostilities toward the Palestinians and Iran.
In 2011, Clinton pushed for “regime change” in Libya, chortling over Muammar Gaddafi’s torture-murder in October 2011, “We came. We saw. He died.” Since then, Libya has descended into a failed state with the Islamic State and other jihadists claiming more and more territory.
Clinton also favored an outright (though limited) U.S. military invasion of Syria, setting up a “safe zone” or “no-fly zone” that would protect militants fighting to overthrow the secular Assad government. Over and over again, she has adopted positions virtually identical to what the neocons prescribe.
But Sanders, although he opposed the Iraq War, has hesitated to challenge Clinton too directly on foreign policy, apparently fearing to distract from his focus on income inequality and domestic concerns. He apparently has chosen fuzziness on foreign policy as the better part of political valor.
GOP Neocons Score
On the Republican side, the first week of the presidential delegate-selection process saw two candidates who mildly questioned the neocon conventional wisdom face reversals. Billionaire Donald Trump was upset in the Iowa caucuses and Kentucky Sen. Rand Paul shut down his flailing campaign.
Trump has noted his opposition to the Iraq War and his willingness to cooperate with Russia in the fight against jihadist terror, while Paul pushed a libertarian-style approach that questioned neocon interventionism but not as aggressively as his father did, apparently hoping to avoid Ron Paul’s marginalization as “an isolationist.”
While Trump and Paul stumbled this week, neocon favorite Marco Rubio surged to a strong third-place finish, catapulting past other establishment candidates who – while largely me-too-ing the neocon orthodoxy on foreign policy – are not as identified with pure neoconservatism as the youthful Florida senator is.
However, even the non-neocons have opted for visceral warmongering. Tea Party favorite and winner of the Republican Iowa caucuses, Texas Sen. Ted Cruz, has vowed to “carpet bomb” Islamic State strongholds and promised to see “if sand can glow in the dark,” as he told a Tea Party rally in Cedar Rapids, Iowa. The phrase “glow in the dark” popularly refers to the aftermath of a nuclear bomb detonation.
However, as hardline as Cruz is, he still received a tongue-lashing from the neocon-flagship Washington Post for not doing a “full-neocon” when he suggested that the United States should not focus on “regime change” in Syria. Cruz has worried that overthrowing Assad’s government might pave the way for a victory by the Islamic State and other Sunni jihadist terrorists.
In a Dec. 31, 2015 editorial, the Post’s editors instead hailed neocon favorite Rubio for arguing “forcefully” for Assad’s removal and castigated Cruz for saying Assad’s ouster was “a distraction at best – and might even empower the jihadist.”
A Beloved ‘Group Think’
It is one of Official Washington’s most beloved “group thinks” that Syrian “regime change” – a neocon goal dating back to the 1990s – must take precedence over the possible creation of a military vacuum that could bring the Islamic State and/or Al Qaeda to power.
After all, it won’t be the sons and daughters of well-connected neocons who are sent to invade and occupy Syria to reverse the capture of Damascus by the Islamic State and/or Al Qaeda. So, the Post’s editors, who in 2002-03 told the American people as flat fact that Iraq’s Saddam Hussein was hiding WMD, engaged in similar exaggerations and lies about Assad in demonizing Cruz for his apostasy.
“Mr. Cruz is arguing for a stridently anti-American and nakedly genocidal dictator who sponsored terrorism against U.S. troops in Iraq and serves as a willing puppet of Iran,” the Post wrote.
That is typical of what a politician can expect if he or she deviates from the neocon line, even if you’re someone as belligerent as Cruz. Any apostasy from neocon orthodoxy is treated most harshly.
There is, by the way, no evidence that Assad is “nakedly genocidal” – his largely secular regime has never targeted any specific ethnic or religious group, indeed his government is the principal protector of Christians, Alawites, Shiites and other minorities that have been targeted by Sunni extremists for death.
Nor did Assad sponsor “terrorism against U.S. troops in Iraq.” By definition, terrorism is political violence against civilians, not against a military occupation force. Assad also sought to collaborate with the Bush-43 administration in its “war on terror,” to the point of handling torture assignments from Washington.
But distortions and falsehoods are now the way of the modern Washington Post. The newspaper will say anything, no matter how dishonest or unfair, to advance the neocon cause.
But the most dangerous outcome from these pressures is that they prevent a serious debate about a most serious topic: what the next president must do to bring the costly, bloody and endless wars to an end.
Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com).
Tunisian President warns against military intervention in Libya
MEMO | February 5, 2016
Tunisian President Beji Caid Essebsi warned on Thursday of the consequences of any military intervention in Libya, stressing the need for the countries considering such action to consult with Tunisia and other neighbouring countries, a presidential statement said.
According to the statement, Essebsi made the remarks during a meeting with heads of diplomatic missions and representatives of regional and international organizations held in Tunis to celebrate the New Year.
“The President of the Republic has pointed to the uniqueness of Tunisia’s situation, being a neighbour with Libya, which has become the scene for terrorist cells and home to Islamic State [Daesh] threats,” the statement read.
President Essebsi stressed that the only way to bring an end to the Libyan conflict is through inter-Libyan political unity. The international community must support the efforts of the unity government, he said.
Despite the difficulties in Libya, Essebsi said that Tunisia “will not close its borders to its Libyan brothers”.
Media reports have suggested that military intervention in Libya by an international coalition could be imminent.
However, US Secretary of State John Kerry ruled out military intervention in Libya in the near future on Tuesday.
French Foreign Minister Laurent Fabius also said that his country has no intention in militarily intervening in Libya.


