Sunday, November 8, 2009

They just make stuff up

Wow.   The Projo editors are so scared at being called out for their lack of ethics they even have to make stuff up when they chastise people writing letters to the editor. In today's free online version of the Journal, Michele Gousie of Bristol takes the Journal on for their hap hazard and politically motivated spin on whether State Senator John Tassoni would be an arbitrator.  In response, they let rip with this doozy:
 
Editor's note: We know the difference between the two. The Oct. 21 editorial "Sen. Tassoni's new job?" referred to both labor arbitrators and mediators. While the binding-arbitration legislation has not yet been approved, typically state-approved arbitrators are chosen from among a group of different names than state-approved mediators. As the editorial states, Sen. John Tassoni, a former public-employee union official, has landed on the state's list of qualified mediators. In the U.S. economy, mediators often become arbitrators and the reverse.

 Complete nonsense.  That is not even how arbitrators are chose now.  As I explained on the Projo Exposed blog last week, the process for choosing arbitrators is already statute:

§ 28-9.3-10  Arbitration board – Composition. – (a) Within seven (7) days after arbitration has been requested as provided in § 28-9.3-9, the negotiating or bargaining agent and the school committee shall each select and name one arbitrator and shall immediately notify each other in writing of the name and address of the person so selected. The two (2) arbitrators selected and named shall, within ten (10) days from and after their selection, agree upon and select and name a third arbitrator. If within the ten (10) days the arbitrators are unable to agree upon the selection of a third arbitrator, the third arbitrator shall be selected in accordance with the rules and procedure of the American Arbitration Association.
 
The unnamed Projo editorialist is just making things up.  As I explained in this post, AAA has a very stringent arbitrator process:
A fair question (3.00 / 1)
The arbitration process is coordinated by an neutral private company called The American Arbitration Association.

http://www.adr.org/

here are the qualification to be an arbitrator for AAA

http://www.adr.org/si.asp?id=4223

This is the process for selecting an arbitrator in a typical arbitration.  I am not sure it will be exactly like this in the proposed bill because I haven't seen the bill but it will likely take a form similar to this

The matter is submitted to AAA for arbitration.   AAA sends a list of ten arbitrators, with their CV's, to the parties.  Each side strikes the names that are unacceptable to them, mostly because those people's backgrounds would lend one to think they are biased against their case. Hopefully, there are names left on the list that each side finds acceptable.  If there are, one of those people is assigned the case.  If there are not, another round of names is submitted to the parties.

The key part is that the arbitrator has to be acceptable to both sides.  

 

Saturday, November 7, 2009

Why I Canceled My Projo Subscription

Earlier this week, I canceled my subscription to the Providence Journal.  I did this for a number of reasons.  One reason, which should be self evident in the modern age: why should I pay for something that I can get for free? Seems silly to me.

But more importantly, and more directly, their vendetta against classroom teachers and all of organized labor too much to pay for. Again today, there is an editorial against teachers that is devoid of fact, based upon misinformation, and down right nasty.

Let's look at today's editorial.  For starters, they want to make two points: but only make one. They literally got so distracted by their own misdirected anger that they forget to list their second point. More directly, they turn every decent motive of a school teacher on its head and use it as a rhetorical weapon.  There is no missed irony in their use of words like "battle" when they describe what they want to see change.  They think they are at war, and envision themselves warriors.  What is that line about the first casualty of war?

On Fountain Street, when teachers say they want to protect students from over sized class room by mandating class size maximums teachers are out for more members and more money.  When teachers want to ensure students have expert teachers who have made a career of education the Projo calls it seeking more power.  When teachers point out that prior to seniority rules male teachers were paid more than female teachers for the same work, or teachers were fired for getting pregnant, or female teachers were not allowed to advance into jobs like department head or even administration because they could get pregnant, or when someone's cousin who "knows a guy" got hired even though there were many more qualified teachers or applicants; then were are putting students second. This is my favorite one: when teachers seek to have more time to meet parents, help students, and work with colleagues in professional development, the Projo says we are looking for "less work."

Every teacher in Rhode Island has to meet rigid standards set by Federal and State Law.  They have to be "highly qualified" under the No Child Left Behind Law; they have to maintain their certification and renew it by meeting continuing education standards. If the Projo views labor unions as

an economic-interest group, like a business corporation, whose aim is to maximize profits

then they have not even tried to listen, hear, or participate in discussion of important issues in good faith. When they are ready, I'll come back.  Until then...there are plenty of other news options.

Of course, it also goes without saying that the spouse of one of the leaders of the Projo editorial page was a highly paid consultant who made money by advocating for exactly the same things this editorial advocates for. And it was on the RIFUTURE.Org blog that the connection was exposed. Mr. Whitcomb and Mr. Sutton: how can you stand for such hypocrisy?

So I'm done with paying for the Projo.  The deceitful nature of their editorial page is not worth the dollar a day.  By the way, canceling was simple.  I called 277-7600 and asked them to cancel.  I am even going to get a refund on the balance of my account.

Friday, November 6, 2009

Projo List Fetish Called Out

It was great to see another voice of the people call out the Projo on their obsession with the lists generated by the tax foundation.    Scott Wolf wrote this yesterday:

To those convinced that Rhode Island's low rankings should be our overriding economic-development focus, my findings might be jaw-dropping. For example, if a high business climate ranking alone were a sure ticket to economic success, why would Nevada, the 4th best business-climate state in America (according to the Tax Foundation), have the nation's second-highest unemployment rate (even higher than Rhode Island's), and why would the best business-climate state, South Dakota, have the 16th highest poverty rate, considerably worse than ours, and a per-capita income significantly lower than ours? And why would the states with the three worst ranked climates — New Jersey, New York and California — have respectively the 2nd, 4th and 7th highest per-capita incomes among the 50 states?

Thursday, November 5, 2009

Victory for Wal-Mart Workers. Projo no where to be found

Did you know that there was a great judgment for workers at Wal-Mart yesterday? YES! In fact, it was the largest class settlement of a wage and hour case in US History.  Did it merit any attention is our local main stream press?  Well as of now it isn't in the on-line version of the Providence Journal? Does any one still get the print version?

Here is the press release:

Over three million Wal-Mart hourly employees who worked in 30 states including Rhode Island had their request for Final Approval of an $85 million dollar settlement approved by United States District Court Judge Phillip Pro today. The settlement class is the largest for wage and hour cases in United States history. Robert Bonsignore, the employees national Lead Counsel said "Today is a good day for all Wal-Mart employees." In addition to the guaranteed $85 million, there is a real ongoing value because of the injunctive relief.  The injunctive relief institutionalizes measures that eliminate, minimize and red flag for corrective action occurrences that were the subject of the employee's lawsuit.

The last day for past or current Wal-Mart employees to submit a request for a cash payment is November 9, 2009. All former and current employees are urged to submit a claim. Claim forms are available by calling 1- 800-677- 5163 or by visiting the claim website at www.walmartmdl.com.

Rhode Island Class Counsel, Jeffrey Padwa, stated in Court documents that "the settlement negotiated provides a fair, reasonable and adequate economic recovery for the class members" and further that "Wal-Mart has agreed to implement and use various technological advancements to better ensure compliance with all policies and laws concerning compensation for time worked and employees' rights to uninterrupted break times." 

Ann Campbell of Warwick, Rhode Island stated in court documents that "I am aware of the settlement agreement that has been reached between the class plaintiffs and Wal-Mart and I support and agree with the settlement.  I believe the settlement is fair, adequate and reasonable."  Mrs. Campbell stated further that "I appreciate the effort my attorneys put into the case and I know that they worked hard … [I] believed this class action would make a difference in the lives of many Rhode Island hourly employees who worked for Wal-Mart."Rhode Island employees have the option of submitting either a Short Claim Form, which provides for an automatic, fixed payment based on the length of their employment, or a Long Claim Form, which provides for a payment amount based on their length of employment and their answers to questions regarding their personal work experiences. Claimants electing to use the Short Form will receive a standard amount estimated to range between $25.00 and $150.00 based upon their length of service. Employees electing to use the Long Form may instead recover an estimated amount between $50.00 and $300.00, depending on their length of service and number of incidents claimed Depending on the number of claims made the amount of the payment may vary and could go up to $1,000. 

Monday, November 2, 2009

They just can't help themselves

My goodness, the sloppiness continues.  Check this out in ProJo Political Scene:

Tassoni's appointment OK'd

The Carcieri administration has filled in some of the blanks on how state Sen. John Tassoni, D-Smithfield, landed on the state's list of qualified mediators/arbitrators to call when there is a labor dispute.

Except there is just one problem: Senator Tassoni isn't appointed to be an arbitrator.  This is just playing into the hands of the tea baggers and the right wing activists that have high jacked the school committees in Rhode Island. Just so folks know the differfence:

A mediator is someone assigned by the State to work with both sides of a labor dispute before they have reached impasse.  The mediator's job is to try to get both sides to see the other sides point of view and to see if there is any room for movement by both sides.  They can't force either side to do anything they don't want to and they do not issue decisions, rulings, or orders.

An arbitrator is someone assigned to act as a judge in a labor dispute.  She listens to arguments from both sides, takes in evidence to support either sides respective positions, and then makes a decision about who is right and who is wrong.

An analogy?  It is the difference between calling a 1-800 number to complain about something and standing before a judge and letting her rule for you or against you.

The powers exercised by theses two very different titles is extraordinary and either the ProJo doesn't care or doesn't know.

By the way: here is the cite from at least one of the laws about choosing the arbitrator:

§ 28-9.3-10  Arbitration board – Composition. – (a) Within seven (7) days after arbitration has been requested as provided in § 28-9.3-9, the negotiating or bargaining agent and the school committee shall each select and name one arbitrator and shall immediately notify each other in writing of the name and address of the person so selected. The two (2) arbitrators selected and named shall, within ten (10) days from and after their selection, agree upon and select and name a third arbitrator. If within the ten (10) days the arbitrators are unable to agree upon the selection of a third arbitrator, the third arbitrator shall be selected in accordance with the rules and procedure of the American Arbitration Association.

Direct Access For Corporations

Did you ever notice that ProJo online gives corporations unfiltered access to publish whatever they want on the ProJo website? Sure...it is in the business section and they don't even try to hide it.  The title is called "Press Releases from Local Companies."  In other words, they don't even try to do any reporting...they let the corporations do it for themselves!

Why isn't there a section called "Press Releases from Local Labor Unions?" 

or

"Press Releases from Local Social Activist Groups?" or "Local Churches?"

Sunday, November 1, 2009

Another day, another attack on workers

They just can't help themselves. The Projo editorial board once again published an editorial attack workers rights, this time concerning job security. This time, they go after hotel and service workers. The Providence City Council recently passed a measure to protect workers from being outsourced in the hotel industry, like what happened to hotel workers in Boston. But according to the editors, worker protection is verbotten!

The ordinance would require that employees at any hotel or food-service operation at the Dunkin’ Donuts Center, the Rhode Island Convention Center and the Veterans Memorial Auditorium retain their jobs for at least six months after the sale or change in the management of these hotels or food operations. To compound the nuttiness, it would extend this command to any such operations in any buildings linked to the aforementioned facilities by internal walkways, sky bridges or parking lots!


That's right folks.....making sure a company can't buy your employer and fire you is "nuttiness" according to the ProJo.

Projo Reporter uses right wing phrase "death tax" to describe estate tax changes

The thing about the ProJo business page is that it doesn't even try to hide its bias. In today's Moneyline report, business reporter Neil Downing uses the highly charged and totally inaccurate "death tax" to refer to the estate tax.

Under current law, your estate escapes Rhode Island’s estate tax — also known as the death tax — if its overall value is $675,000 or less.

Starting Jan. 1, 2010, the threshold jumps to $850,000, said Michael F. Canole, the Rhode Island Division of Taxation’s chief of examinations. Thus, fewer estates will wind up subject to the tax.

Great...another tax break for the elite while working people take pay cuts.