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?

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

Hybrids

International Provides Transportation, Meals, But Employee is Employed By Local

Organizer On Leave From Plant Pure Volunteer? Sponsorship

Factors Used to Consider for Whom Organizer Works

Contract Who supervises and directs State law Benefits Provided W-2’s, 1099’s, etc.

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

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

Who Has Exposure?

International Local Union Officers and Employees of International Officers and Employees of local Unionized Employer Others Individual Temporary Organizer

Transfer of Risk

Insurance Contractual

Insurance

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

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.”

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?

Other Exposures

Political Campaigns Support Rallys Issue Events

We Are America Wal-Mart End The War Now

Risk Avoidance and Prevention

Contract Prevention techniques State laws Checking driving records

Lodging

Renting Apartments Reimbursing For Lodging Personal Property of Organizer

Dangerous Words

Joint Venture Sponsorship Indemnification Affiliate

Worst Nightmare

Rental Cars Master Contracts Non-Employee Drivers Whose Insurance Is Primary? Loss of Use, Diminution of Value,

Administrative Fees

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

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.”

Claims

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

Moral Obligation

Organizer Seriously Injured Who Should Pay? Who is Legally Obligated? Implied Understandings Between

International and Local

Conclusion