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Organizing – Risk Avoidance In Organizing Efforts

Organizing – Risk Avoidance In Organizing Efforts. When Good Ideas Go Bad. Introduction. Plant Employee and Local Member Is Traveling To Temporary Headquarters of International To Work on Organizing Campaign. He Is Involved In Serious Auto Accident What’s Your Worst Case Scenario?.

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Organizing – Risk Avoidance In Organizing Efforts

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  1. Organizing – Risk Avoidance In Organizing Efforts When Good Ideas Go Bad

  2. Introduction • Plant Employee and Local Member Is Traveling To Temporary Headquarters of International To Work on Organizing Campaign. He Is Involved In Serious Auto Accident • What’s Your Worst Case Scenario?

  3. Who Does Organizer Work For Currently and While Organizing? • International • Local • Unionized employer • Independent contractor

  4. Hybrids • International Provides Transportation, Meals, But Employee is Employed By Local • Organizer On Leave From Plant • Pure Volunteer? • Sponsorship

  5. Factors Used to Consider for Whom Organizer Works • Contract • Who supervises and directs • State law • Benefits Provided • W-2’s, 1099’s, etc.

  6. Contractual Provisions Affecting Respective Liabilities • Indemnity and Hold Harmless • Provision of Insurance • Provision of Benefits • State Law • Supervision and Scope of Duties • Place of Work • Time of Work

  7. Liabilities and Exposures • Automobile • Workers Compensation • Benefits • Employment Related Practices • Defamation • Assault and Battery • Privacy • Disability • Labor Law Exposures

  8. Who Has Exposure? • International • Local Union • Officers and Employees of International • Officers and Employees of local • Unionized Employer • Others • Individual Temporary Organizer

  9. Transfer of Risk • Insurance • Contractual

  10. Insurance • General Liability • Automobile • Employers Liability • Disability • Health Insurance • Media Liability • Union Liability

  11. General Liability InsuranceRead The Fine Print • “This Insurance Does Not Apply To “Bodily Injury,” “Property Damage,” “Personal Injury”…Arising Out of Any Boycotts, Picketing, … Or Any Similar Activity Or Job Action Related To A Labor Dispute Or To Labor Negotiations.”

  12. General Liability Exclusion For Organizing Efforts • Exclusion On Local”s Policy • Exclusion Not On International’s Policy • Who do You Think Is Going To Be Sued?

  13. Other Exposures • Political Campaigns • Support Rallys • Issue Events • We Are America • Wal-Mart • End The War Now

  14. Risk Avoidance and Prevention • Contract • Prevention techniques • State laws • Checking driving records

  15. Lodging • Renting Apartments • Reimbursing For Lodging • Personal Property of Organizer

  16. Dangerous Words • Joint Venture • Sponsorship • Indemnification • Affiliate

  17. Worst Nightmare • Rental Cars • Master Contracts • Non-Employee Drivers • Whose Insurance Is Primary? • Loss of Use, Diminution of Value, Administrative Fees

  18. Times Are A Changing – Media and Internet • Are You Covered – GL, UL, Media Policies • Republication • False Light, Copyrights and Trademarks • Blogs and Chat Rooms • Privacy

  19. Not a Problem? • Racial Slurs On Police Union Chat Room • Using Company Logos – Mickey Mouse, “Can You Hear Me Now.” • “ Let’s All Meet For Drinks and Show Solidarity.”

  20. Claims • Importance of Timely Reporting • Who Is Responsible For Reporting • Instances and Circumstances • Indemnity – Wackenhut Clause

  21. Moral Obligation • Organizer Seriously Injured • Who Should Pay? • Who is Legally Obligated? • Implied Understandings Between International and Local

  22. Conclusion

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