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

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Presentation on theme: "Organizing – Risk Avoidance In Organizing Efforts When Good Ideas Go Bad."— Presentation transcript:

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

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3 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?

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

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

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

7 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

8 Liabilities and Exposures  Automobile  Workers Compensation  Benefits  Employment Related Practices  Defamation  Assault and Battery  Privacy  Disability  Labor Law Exposures

9 Who Has Exposure?  International  Local Union  Officers and Employees of International  Officers and Employees of local  Unionized Employer  Others  Individual Temporary Organizer

10 Transfer of Risk Insurance Contractual

11 Insurance  General Liability  Automobile  Employers Liability  Disability  Health Insurance  Media Liability  Union Liability

12 General Liability Insurance Read 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.”

13 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?

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

15 Risk Avoidance and Prevention Contract Prevention techniques State laws Checking driving records

16 Lodging Renting Apartments Reimbursing For Lodging Personal Property of Organizer

17 Dangerous Words Joint Venture Sponsorship Indemnification Affiliate

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

19 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

20 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.”

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

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

23 Conclusion


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