Etape preparation - 5 months to go

The weather has been slow to improve but I have at least built up a bit from the freezing January.  The last two winter series at Hillingdon took care of the top end and I managed the Hemel Hempstead and High Wycombe 100k reliability rides, the latter in grim conditions when I was beset by two punctures.  The commuting has again been limited due to a lot of freezing weather and I have abandoned any plans to go out today due to the heavy rain.  The six recent days on my club's training trip to Spain has saved the month though and given me some climbing, including a couple of time trials up the Coll de Rates.
So I have managed 815 miles in 52:52 (average 15.5 mph) with 15,115m of climbing.

The Administrative Option - Deja Vu All Over Again and The MSM Catches Up

Steve Greenhouse, who has the labor beat (assuming that is still a proper term) for the NYT has an article today about the Obama's administration plans to utilize government contracting to increase wages and benefits for employees, Obama Aims to Use Federal Contracts as a Way to Lift Wages. The article focuses on the potential economic benefit to workers, but notes the concerns of the business and employer community.

If this seems like deja vu, it is. See Clinton to modify contractor 'blacklisting' rule, from the March 13, 2000 Buffalo Business First newspaper. By December 20, 2000, that story had evolved into a final rule that was published in the federal register. The regulations were suspended by the Bush Administration.

According to Greenhouse's article, the Obama administration proposal, still in the writing phase, would go further.

Much of the concern in the Clinton regulations by the business and employer community focused on this aspect. Each potential government contractor would have to provide the following information which would be taken into account in determining the acceptable bidder:
within the past three years, been convicted of any felonies (or has any felony indictment currently pending against them) arising from any Federal tax, labor and employment, environmental, antitrust, or consumer protection laws, had any adverse court judgments in civil cases against them arising from any Federal tax, labor and employment, environmental, antitrust, or consumer protection laws in which the United States brought the action, or been found by a Federal Administrative Law Judge, agency, board or commission to have violated any Federal tax, labor and employment, environmental, antitrust, or consumer protection law. If the respondent has answered ``has'' to the above question, please explain the nature of the violation and whether any fines, penalties, or damages were assessed.
From the employment law side, this raised the concern of just what impact adverse determinations, perhaps even agency finding by the EEOC, the NLRB or similar agencies would have on their ability to obtain government contracts.

No doubt that battle is about to resume in the very near future.

The "MSM Catches Up" in the title is just a little brag (as recognized by Greenhouse in his article) that an online publication, Tucker Carlson's Daily Caller was first out with the story on February 4th, White House considers pro-labor policy for government contractors, which I picked up in my post on February 9th. Gautham Nagesh, who used to cover government contracting at the Government Executive magazine, has followed up with additional stories:
Backdoor card check: GOP slams pro-union contracting policy, February 11; and
Documents confirm White House pushing pro-union contracting policies, February 23
and of course, because it's the way the blogosphere works, hat tip to my friends at Workplace Prof blog,   Federal Contractors and Wages and Benefits, which alerted me to Steve Greenhouse's article.

All snarkiness aside, this is is going to be a major story and there will be plenty to cover for both the MSM and those of us in whatever we are.

Last time around, the story didn't play out because of the election of 2000. This time, it's a long time until 2012.

 

Foreign Labor Unrest and the Future Here at Home

The M.P. Catherwood Library of the Cornell School of Industrial & Labor Relations has a service, Workplace Issues Today, that I receive daily. It's a good way to keep up with developments.

I was struck by the three entry's in today's email:
  • FRENCH OIL WORKERS PROTEST SHUTDOWN, a dispute with Total SA;
  • SPANISH WORKERS PROTEST RAISING RETIREMENT AGE,  a protest against a proposed raise in the retirement age and a proposal to reform labor laws; and
  • UNITE WORKERS VOTE TO STRIKE, reporting that over 80% of the members of the union which represents cabin crews at British Airways have voted to strike, although negotiations continue.
Although on global labor issues, I am no more than a casual observer, there seems to be no question that the labor movement in other countries is more entrenched than in the U.S.

Over the almost 35 years that I have been working in the field, the U.S. labor movement in terms of percentage of the private sector that is unionized, has been on a long downhill slide, reaching its lowest point ever this year. Although I am by no means suggesting one way or another a correlation, over the same period it seems to me that, with occasional almost abberational actions, labor's primary thrust has been political, not ground level organizing.

Anyone who thinks that they know what the future of politics in America is going to be this time next year, much less over the longer haul, is certainly more confident of their abilities than I would be. Still, you would have to think that among those in organized labor there is a re-thinking of their approach, since this time last year, it would seem that they had finally achieved a political breakthrough. A Democratic White House and Congress and one vote away from a filibuster proof Congress, and even that vote appeared shortly, when Senator Specter of Pennsylvania switched parties.

Now the filibuster proof Congress has gone with the loss of Ted Kennedy's seat and from a legislative standpoint, none of the goals have been achieved. It is the second time in my career that unions were narrowly turned away from a significant change in labor policy that would have provided substantial aid in organizing.

The third time may be the charm, although many will wonder if that takes another 30 plus years, whether organized labor will make it that long.

There of course is still a lot that can be accomplished both by the White House and by administrative action, particularly the NLRB, although even there, labor has been at least temporarily frustrated in getting appointments they have sought through the confirmation process.

If reports from the ground are any indication, labor organizing is picking up as political hopes have waned. That would seem to be a logical response. Combined with an uneasiness about the future, which obviously is not contained to the U.S., and looking at what appears to be a stone wall on the the legislative front, I would expect to see traditional labor law reflect more organizing, although perhaps a modernized version to deal with a changed workforce. It would be hard to argue that this might not be a fertile time.

Some of my colleagues who spend most of their time on traditional labor law are of the same mind and will be discussing the changing perspectives in a seminar next month in DC, It's Not Your Father's Union Campaign III .

What Does the Free Market Have to do With Compliance With Company Policies?

Kris Dunn, otherwise know as the hr capitalist, has a great blog of the same name.

You need to read this post, with its examples in its entirety: Employees Leaving Their Laptops Unsecure? Try These Public Humiliation Templates From Their PC...

Check it (and Kris's excellent blog) out.

Imperial Winter Series Race 12 Saturday 13th February

Temperatures above zero but felt bitterly cold in the north wind as a good (ie medium) number of riders lined up for the start in light snow.  Alex Murray made a brave early attempt at a break.  By the time I figured out it might be an idea to join him the bunch had woken up.  A two man break from the 3rd cat race came past and those at the front didn't want to let them go, leading to a higher pace than usual until the 3rd cat bunch went by and we eased to let them past and then to create a gap.  We zoomed down the back straight and bunched together on the finishing straight but as I found when I hit the front into the wind there was no option but to slow.  My Garmin shows 30.6 mph on the back straight on the final lap but that was not sufficient to do anything other than hang on at the back.  No crashes this week in our race so I rolled in at the back of the bunch.
Average Speed 23.6 mph.
That's the last one for this winter and I have done all 11 (one was cancelled when deep snow lay on the circuit).  So why do I do it, given that I don't have a ghost of a chance of winning points?  Here are some thoughts in case they assist those who contemplate doing this next winter.
1. The races are very well organised, cheerfully and efficiently by the Collins family who turn up every Saturday all winter to stand around in the cold (it's much colder if you're standing around than if you're racing) and chip ice or sweep mud off the circuit.  Register in advance and it takes moments to scribble your name and go.  They take the trouble to place all the finishers, not just the first 10 or first few, and to place those results with pictures within a couple of days on the net.  They deserve support.
2. I love cycling and it doesn't come better than whizzing around in a bunch racing.  It hones skills such as bike control and spatial awareness that are readily transferable to doing much better in sportives and to surviving in traffic.  Plus it's a bonus to mingle with other keen cyclists whether teammates or rivals.
3. The circuit itself is safe; bicycle traffic means no potholes, no ruts, no risk of a collision with anything fast and heavy.  OK, there is the risk of a crash and if you are very unfortunate you could break a collar bone.  However nobody (so far as I am aware) has ever died or suffered catastrophic injury riding circuit races (if only the same were true of commuting, time trialling or even clubruns).  So the risk/reward balance to my mind clearly favours racing over not racing, though I am the first to back off if I sense danger, and risk can be reduced further by always making your movements predictable to those around you.
4. I am the type that needs the external motivation to make an effort.  I can sustain a heart rate at around 160 bpm for an hour in a race.  On my own, the power of my will is such that I might average 120.  Must be good for me and I don't do gyms or turbos.
5. It's not therefore the winning but the taking part.  I reserve performing at the highest level to my profession.  My cycling, like my piano playing, may be mediocre to poor; but much better to do it poorly than not at all.
So I may never get a point but it is nonetheless rewarding and I recommed it.

Blood Antiques - Watch online

Over the years, more books and documentary films have appeared to describe a once unreported problem--the looting of cultural heritage. Journeyman Pictures produced the documentary Blood Antiques, which is now airing online on Link TV.  Using hidden cameras inside the antiquities market in Belgium and Afghanistan, the filmmakers uncover raw evidence of the underground illegal antiquities trade and advance the important argument of its connection with terror funding.

No Becker Recess Appointment, At Least Not This Recess

Or at least that would seem to be the most likely course of action based on a statement released by President Obama after the Senate confirmed 27 appointments by voice vote before leaving for the week long's President's Day Holiday. Senate Confirms 27 Obama Nominees . From the White House:
While this is a good first step, there are still dozens of nominees on hold who deserve a similar vote, and I will be looking for action from the Senate when it returns from recess. If they do not act, I reserve the right to use my recess appointment authority in the future.
Although I could have easily missed someone, it appears that the only labor and employment related appointment in the group confirmed was Cynthia L. Attwood, of Virginia, as a member of the Occupational Safety and Health Review Commission.

Executive Order 11246, OFCCP and The Reach of Time

The next time you open a letter from your friendly Office of Federal Contract Compliance Programs investigator advising you that you will be subject to a friendly review of your compliance practices, you might just contemplate the following:

November 24, 1993

October 19, 1994

August 25, 2000

March 31, 2003

August 11, 2004

October 15-16, 2008

March 3-5, 2009

January 21, 2010

What are those dates? Well the first was the initial letter to what was then called NationsBank, now Bank of America, advising them that their Charlotte facility had been selected for compliance review by the OFCCP.

The January 21,2010 date is the decision of the Administrative Law Judge recommending that BOA be "found to have discriminated against African-American applicants in hiring for entry-level positions in 1993, and 2002-2005, on the basis of their race."

That's right, more than 16 years after the initial letter, a "Recommended Decision and Order" has been finally issued as to liability. The ALJ has kept jurisdiction to determine damages.

Still to come in addition to a determination of the damages is the appeal to the Administrative Review Board and then no doubt an appeal to a circuit court of appeal. And of course the possibility if the ALJ's determination is not completely correct the possibility of a remand to do it or some part of the process over.

For what happened on the interim dates listed above, feel free to review Judge Linda S. Chapman's 66 page order. ($)

Now this matter has had a number of unusual twists, turns and legal questions and challenges, but still ... 16 years plus? And 16 years plus to get not to an end, but to a recommended decision on liability alone? 

My purpose is not to point fingers at either the Bank or the OFCCP, as I don't know enough to suggest whether either (or both) did anything that unduly protracted the issue.  And I am sure that most OFCCP investigations/prosecutions don't take nearly this long.

Still it's not a healthy situation, for anyone, when cases take this long. And we ought to be looking for a better way.

A New Term for Concern: The High Road Contracting Policy

Before taking too much joy in the initial defeat of Craig Becker's nomination to the NLRB, the business community, particularly government contractors, should be aware of a different approach that is beginning to be considered. That approach would use the power of the purse, government contracting, to achieve labor friendly policies. The story in the Daily Caller,White House considers pro-labor policy for government contractors points out that some Senators are already raising questions about the possible policy action.

For a more in depth look at the ideas behind the policy, check out The Road to Responsible Contracting a report prepared by the National Employment Law Project. The basic argument is that government should focus not just on lowest dollar, but on other requirements as well. Requirements like compliance with labor and employment laws, employers that pay health benefits etc.

Think Davis-Bacon on steroids.

The old saying that there is more than one way to skin a cat comes to mind. The concern of course is who ends up getting skinned.

52- 33; Becker Loses

Reflecting the new political reality, the controversial nomination of Craig Becker for the NLRB failed this afternoon. Because of the procedural rules of the Senate, 60 votes were required to cut off debate and so the majority vote that would be sufficient for his confirmation was not enough. Given that the Republicans had 41 members and had shown no signs of breaking, there was not a lot of suspense. It did allow two Democrats to cross over, Blanche Lincoln of Arkansas and Ben Nelson of Nebraska to make votes that they probably feel will help them back in their home states. Senate Rejects Obama's Labor Board Nominee.

No news on what happens next. Majority Leader Reid could schedule more cloture votes, but absent a deal with a Republican (and now also Lincoln and Nelson) that would probably be the political shocker of the year, that does not seem likely to happen unless it's desired for political theater.

It is looking like the only way that Becker ever takes a seat on the Board, is through a recess appointment which would allow him to serve for 2 years.

Spring semester's Historic Preservation courses begin soon

Spring semester's Historic Preservation courses begin soon

Plymouth State University's Certificate in Historic Preservation program is offering four courses this spring semester, one in Plymouth and three at its Concord campus.

At a time when many adults are returning to the classroom to enhance their professional skills, this graduate-level program seeks to instill a fundamental understanding of preservation issues and challenges while providing basic skills and training for those who work for community preservation organizations and agencies, or in aligned fields such as planning, law or architecture.

Spring 2010's courses are:

Preservation Planning and Management: Now seen as integral to the definition and protection of cultural landscapes, historic preservation planning and cultural resource management (CRM) are accomplished through the identification, evaluation, documentation, registration, treatment and ongoing stewardship of historic properties. This course examines the tools of preservation planning and management and illustrates their application at the federal, state and local levels. Guest speakers share their real-world experiences. Includes one required field trip on March 20. Taught in Concord by Elizabeth H. Muzzey, State Historic Preservation Officer. 3 credits. Begins March 1.

Archaeological Methods: Students will be exposed to archaeological field and laboratory techniques, and will learn the types of research questions that archaeologists ask while reconstructing past cultures. The course draws upon prehistoric and historic examples, there will be many opportunities to handle artifacts in the classroom, and both terrestrial and underwater sites will be featured. There will be required field trip to archaeological sites to demonstrate equipment and techniques in the field. Taught in Plymouth by David Starbuck, associate professor of Anthropology/Sociology at PSU. 3 credits. Begins March 2.

Cultural Property Law: Antiquities Trafficking, War and Stolen Heritage: Archaeological site looting, transnational antiquities trafficking and armed conflicts threaten global cultural heritage. This course examines the international, national and state legal frameworks for the protection and movement of cultural property. Topics for discussion include the 1954 Hague Convention, the 1970 UNESCO Convention, the ICOM Code of Ethics, the National Stolen Property Act and the Cultural Property Implementation Act. The course also introduces students to important national heritage laws such as the Archaeological Resources Protection Act and the rules governing shipwrecks. State statutes and the common law regulating cultural property are also reviewed. Includes on required field trip on March 19. Taught in Concord by Ricardo A. St. Hilaire, Esq. 3 credits. Begins March 3.

Principles of Historic Preservation: This course provides a foundation to historic preservation, focusing on principles and theories pertaining to preservation and restoration practices; recognition of architectural periods, styles, and construction methods in context of the evolution of cultural landscapes; the definition of significance and integrity in buildings and districts; strategies by which buildings and their settings have been preserved and used; and methods of reading and interpreting the cultural environment. Three required field trips: March 6, April 10, May 1. Taught in Concord by Christopher W. Closs, planning/preservation consultant. 3 credits. Begins March 4.

For more information about the Certificate in Historic Preservation program, visit www.plymouth.edu/graduate/heritage/historic_preservation_certificate.html or contact Dr. Stacey Yap, program coordinator, 603-535-2333, staceyy@plymouth.edu.

New Hampshire's Division of Historical Resources, the “State Historic Preservation Office,” was established in 1974. The historical, archeological, architectural, engineering and cultural resources of New Hampshire are among the most important environmental assets of the state. Historic preservation promotes the use, understanding and conservation of such resources for the education, inspiration, pleasure and enrichment of New Hampshire’s citizens. For more information, visit us online at www.nh.gov/nhdhr or by calling (603) 271-3483.

Imperial Winter Series Race 11 Saturday 6th February

A relatively gentle northerly wind and temperatures at around 6°C, milder than it has been for a long time. There were though noticeably fewer of us on the start line today so it was a lot easier to move up (and down) the field particularly with the tailwind on the back straight. The headwind on the finishing straight caused a bunching making passing much trickier. The 3rd cats did pass us this time but with the smaller fields in both races that went very smoothly.  There was some good tactical riding happening with a few attempts at breaks, though from where I was I could not see if the final break lasted to the end. I was still feeling sore and timid today and coasted around at the back for much of the time just aiming to finish comfortably within the bunch. This limited aim would have been achieved but there was again a crash on the finishing straight for which I had to brake hard. I hope those riders are ok. I saw that my fellow blogger Lance Woodman was doing a good ride today; he was up there ahead of the crash and is clearly regaining his form rapidly – I certainly couldn’t come close to catching him after I got around the crash.
Average speed 23.8 mph.

Becker Cloture Vote on Monday, Recess Appointment in the Wings?

It's not quite the Super Bowl of labor relations policy, but it is a surprising that Majority Leader Harry Reid has called for a cloture vote on Craig Becker's nomination to the NLRB on Monday. If the Republicans hold rank, and there has not been any indication that any Republican Senator is not inclined to do so, cloture will not be invoked. See Congressional Quarterly's story, Feb. 8 Vote Will Be First Test of Senate GOP’s New Number.

Being (thankfully)more than 1,500 miles from the Beltway, I have no clue as to the reason for the quick scheduling. There are some interesting things in play though. One is that the fate of another nomineee, Republican Bryan Hayes is probably tied to Becker's. And Hayes just happens to be the former aide to Republican Senator Mike Enzi. That was not enough to get Enzi's vote this time in Committee. (Enzi and fellow Republican Senator, Lisa Murkowski had both supported Becker in Committee the first time he was considered. The second time was a straight party line vote.)

As for as speculation goes, unless Majority Leader has a trump card somewhere up his sleeve, which seems doubtful, you have to assume that cloture will not be invoked. Failure to invoke cloture does not mean that the nomination is dead so that is not necessarily the end of the story.

One possibility is that the Democrats want to get a vote on record where they can argue that the Republicans are thwarting the ability to govern over a position that not a lot of the public knows very much about and will probably not think should be a very big deal, and then move on to other matters with that piece of political ammunition in their pocket.  Or Becker may be tired of being skewered and just want to get it over with and go back to his life as counsel for SEIU.

But the most likely is the one that Senator Reid mentioned, a recess appointment. See Reid Threatens to Bypass Senate With Recess Appointments, from The Huffington Post.  The Senate is scheduled to go into recess for President's Day later this month and an appointment made at that time would serve until late 2011.  

With the cloture vote sandwiched in between the Superbowl and UT's home basketball game with number 1 ranked Kansas Monday nite, there should be no shortfall of excitement for the 36 hours starting with the kick-off on Sunday.  And it probably won't be over then.

Is the Art Market Gaining Traction?

Breaking the record for the sale of art at an auction, an unidentified buyer purchased "Walking Man 1" by Alberto Giacometti (see image at http://www.suite101.com/view_image.cfm/499373) at a Sotheby's auction in London on February 3rd. It sold for $104,327,006. At the same auction a Klimt landscape sold for $43,208,606. The total auction yielded a record high $235.7 million. Add to that a a hearty return from Sotheby's Old Master and 19th Century European Art sale in New York last week and Christie's London sale of impressionist and surreal art totaling $149,607,659 and you have signs that the art market may be gaining traction.

The aggressive driver and the Car Culture

Every cyclist who rides significant distances on the roads of this country will have had the unpleasant experience of being the object of irrational hatred from a stranger. There is no doubt about it; there are motorists out there who hate us because we ride a bicycle.  I have been assaulted by a yob leaning out of the passenger window of a speeding car. I have seen things thrown over and at cyclists. Abuse is on occasion hurled at us, usually incoherent, but sometimes sufficient syllables can be recognised to reveal that the abuser is motivated by a profound misunderstanding of taxation. Although difficult to prove on any individual occasion, it must be the case that at least some of the very bad driving that occurs in the immediate vicinity of a cyclist is a further expression of this irrational hatred.


Many Judges will treat this kind of incident with the seriousness it deserves; see for example the sentencing remarks of Judge Peter Moss in R v Robertson (Guildford Crown Court November 2009) referred to in one of my earlier posts.

Full credit needs to be given to the victims of such attacks who retain sufficient wherewithal, whilst endeavouring to remain alive, to note the details of their aggressor. One such victim was Police Inspector Martin Melvin. The teenage yob, Benjamin Harrison, who had subjected Mr Melvin to numerous assaults from a motor car (accompanied with threats to kill) was however more fortunate in his Judge than in his victim. In Burnley Crown Court this week Mr Recorder Graham Wood QC sentenced Harrison to a nine month prison sentence but suspended it and ordered Harrison to do 100 hours unpaid work. He imposed a two year disqualification from driving.

Our society recognises that people with profound physical disabilities such as blindness or uncontrolled epilepsy cannot drive. The car culture will not however extend this concept to able bodied individuals who have a personality which makes them wholly unsuited to control a motor vehicle. Although disqualifications for very long periods (even for life) have been made available by Parliament, our Courts are often reluctant to impose much more than the minimum. The Court of Appeal has in the past expressed the view that lifetime bans are appropriate only where there is evidence that the offender will be a danger to the public indefinitely and the Court has expressed faith in the efficacy of the extended driving test as requiring the offender to demonstrate to the authorities that he or she is safe ( see eg R v Hopkins 2008).

In other realms, the idea that a man who has pointed a loaded shotgun at a stranger, whom he has threatened to kill, should ever hold a gun licence again or that a paedophile should be employed in a school would be risible. The driver with a personality such that he has an irrational hatred of cyclists would have no more difficulty hiding that from the driving examiner than would a rifleman or sexual deviant from an interviewing panel. One chance is enough for all of the above.

Finally it would have been good in Harrison's case to see the Court exercise its powers to order confiscation and destruction of the car involved. Such would be a genuinely useful car scrappage scheme.

Patricia Smith One Step Closer to Confirmation as Solicitor of Labor

Actually given the coming changing of the guard when Scott Brown is sworn in as the newest senator and the Republicans gain 41 votes in the Senate, yesterday's cloture vote on Smith was actually more like "a giant leap" as the votes for her confirmation later this week are assured. Dems Break GOP Filibuster Of Routine Nomination

It now seems that it will be Senator Brown before the cloture vote on NLRB nominee Craig Becker. Latest reports are that Brown will be sworn in tomorrow, the same day the Becker nomination is scheduled to go before the HELP Committee, where a Democratic majority should ensure a favorable vote. However, that just sets up a cloture vote. It will be interesting to see if the Democrats make Becker the first key cloture vote after the Republicans have 41 votes. Although Becker had two Republican votes in the Committee last session, it is unclear that they will be there this time around.

Obviously, action or inaction in the Senate (depending on your point of view) is going to be a key partisan theme in this year's Congressional election. Hard to imagine that a nominee to the NLRB would turn out to be Exhibit A in that debate, but that could very well be the case.

Update 2.4.10:  The Washington Post is reporting, that as expected, Patricia Smith was confirmed as the Solicitor of Labor today by a vote of 60-37. Although it came before Scott Brown was sworn in, his vote would not have been sufficient to defeat her confirmation.  She is the third highest official in the DOL and the top lawyer. 

Anti-bullying Legislation for Schools, An Inevitable Tie

David Yamada, who blogs at Minding the Workplace, is a tireless crusader for anti-bullying legislation. He is the author of the model Healthy Workplace Bill and lately has been working in his home state to see if he can shepherd it through the Massachusetts' legislature. Last Wednesday there was a hearing on the bill.

In a follow up report, David posts today about a question  he received from a state legislator about the connections between bullying in schools and bullying in the workplace. You can see his comments at Workplace bullying and school bullying: Ties and parallels.

Although he has some interesting points about behaviors, he doesn't even mention the most significant connection in my mind. I have long been of the view that legislation against bullying in the schools is laying the foundation for the ultimate success of anti-bullying legislation in the workplace.

Although there are obvious differences between school and the workplace, and perhaps more importantly between students and employees, once it has become accepted that the appropriate tool for controlling bullying behavior is legislation, I am afraid it is only a matter of time before some state decides if it works for the schools, it will also work on the job. How far are we on the school front? According to Bully Police USA, 41 states already have legislation dealing with bullying in the schools.

As I have said repeatedly, it is not that I in any way condone bullying type behavior.  I don't. It is both wrong and bad business. However, it is my strong belief that litigation is too blunt an instrument to deal with behavior that all concede is measured on a continuum from that which is to be expected when humans are involved to that which should be found unacceptable.

Our legal system is good, but my experience in the workplace is that it will be asking far too much for it to try to deal efficiently with a cause of action for bullying, no matter how well crafted the legislation.

Medical Marijuana and Workers Comp: Odd Bedfellows at Best

Just yesterday I was having a discussion with someone about the increasing liberalization of attitudes toward marijuana use and a lot of the impetus, although certainly not all, seems tied to medical use. Over at Lynch Ryan's blog, Workers' Comp Insider, they have noticed too, and are quick to point out that it is going to make for some interesting workplace issues, One Toke Over the Line.

This story is a follow up to last week's post, The current buzz on medical marijuana and the workplace.

It also gives me a chance to try out one of blogger's new functions, posting at a scheduled time.

A Sampler of Social Media Policies

That is an understatement. Doug Cornelius, Chief Compliance Officer at Beacon Capital Partners, has collected 144 of them, and it appears he adds new ones as he finds them. If you need a sample, check this out: Social Media Policies Database.

Hat tip to Tom Mighell, whose Internet Legal Research Weekly, is another great resource and a must week-end read for me. For information check out his blog, Inter Alia.

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