Labor dispute: Hair and makeup workers at Atlanta's opera want to unionize

Labor¹ dispute: Hair and makeup² workers at Atlanta's opera want to unionize

Transcript³

Hair and makeup workers at The Atlanta Opera are looking to join a union. But the opera argues the workers are independent contractors⁵ and not employees. (Story aired on ATC on Feb. 20, 2022.)

LEILA FADEL, HOST:

The National Labor Relations Board is signaling it may be open to revisiting the difference between an employee and an independent contractor⁴. As NPR's Andrew Limbong reports, a decision could affect all kinds of businesses and professions.

UNIDENTIFIED SINGER: (Vocalizing).

ANDREW LIMBONG, BYLINE⁶: The Atlanta Opera was in the middle of a run of the classic opera "Porgy And Bess" when everything shut down in March 2020. Then, when shows picked back up again soon after, Sakeitha King, a hairstylist, was pumped. But it was scary. Yeah, they were outdoors, but this was spring 2020 - pre-knowing what we know about COVID now, pre-omicron, pre-vaccines.

SAKEITHA KING: It was almost like playing Russian roulette. You didn't know how severe your symptoms were going to be, if you were going to get it, and if you did, what that would look like for your family.

LIMBONG: And that's when King and her hair and makeup coworkers really started to talk about things like joining a union and getting a collective bargaining agreement.

KING: The reason we talked about unionizing is because we wanted to be able to have access to having health care.

LIMBONG: Brie Hall, a makeup and hairstylist, started asking around and found out that other backstage artists were unionized and had contracts with the Atlanta Opera.

BRIE HALL: Some crews were getting overtime⁷ on the weekends, and some crews were getting paid competitively in their field. And we weren't, as hair and makeup artists, at all. And it's like, something has to change.

LIMBONG: So they got in touch with the International Alliance of Theatrical⁸ Stage Employees, or IATSE, and, in spring 2021, started the process for a vote to unionize. But the Atlanta Opera argued to the National Labor Relations Board that the hair and makeup workers were actually independent contractors and not employees and therefore not eligible⁹ to be covered under a collective bargaining agreement. Their reasoning was that the hair and makeup stylists were hired one show at a time, and they were free to take on outside work of their own. The regional NLRB branch sided with the hair and makeup workers, and they held an election. But then the Atlanta Opera appealed. So now the ballots¹⁰ are impounded - shelved and uncounted until the NLRB mothership makes a call.

JEFF HIRSCH: It is quite common for employers that are opposing a union election to try to create delay in a variety of manners because, basically, a delay is death for unions.

LIMBONG: That's Jeff Hirsch, professor at the University of North Carolina School of Law, who focuses on labor and employment issues. He says the debate over what makes an employee versus¹¹ an independent contractor goes back ages.

HIRSCH: Traditionally, the sort of overriding¹² concern is whether or not the business has control over the manner and means in which the worker does the work. As the control increases, the likelihood that the worker will be considered an employee also increases.

LIMBONG: In 2014, the NLRB set a criteria¹³ that made it relatively¹⁴ easier to be classified as an employee. That criteria tightened¹⁵ under President Trump¹⁶. Now in the Biden administration, Hirsch and other legal experts see the pendulum¹⁷ swinging back the other way. It could have ramifications¹⁸, not just in other operas and theaters across the country that run on contract work, but all across our gig work economy. The Atlanta Opera declined an interview, citing the fact that the matter was still pending¹⁹. But for hair and makeup workers like King and Hall, the broader debate doesn't change the fact that they haven't been hired to work on any shows since all of this went down, or that a company that claims to care about things like diversity and equity²⁰ is treating the mostly Black hair and makeup crew this way. Here's Brie Hall again.

HALL: It feels unfair and it feels prejudiced to work alongside people who do have union contracts and are considered workers, but some type of way, we're not considered workers.

LIMBONG: And it could take months for that consideration to change.

Andrew Limbong, NPR News.

1 labor   

n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦

参考例句：

• We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。
• He was completely spent after two weeks of hard labor.艰苦劳动两周后，他已经疲惫不堪了。

2 makeup   

n.组织；性格；化装品

参考例句：

• Those who failed the exam take a makeup exam.这次考试不及格的人必须参加补考。
• Do you think her beauty could makeup for her stupidity?你认为她的美丽能弥补她的愚蠢吗？

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 contractor   

n.订约人，承包人，收缩肌

参考例句：

• The Tokyo contractor was asked to kick $ 6000 back as commission.那个东京的承包商被要求退还6000美元作为佣金。
• The style of house the contractor builds depends partly on the lay of the land.承包商所建房屋的式样，有几分要看地势而定。

5 contractors   

n.（建筑、监造中的）承包人( contractor的名词复数 )

参考例句：

• We got estimates from three different contractors before accepting the lowest. 我们得到3个承包商的报价后，接受了最低的报价。 来自《简明英汉词典》
• Contractors winning construction jobs had to kick back 2 per cent of the contract price to the mafia. 赢得建筑工作的承包商得抽出合同价格的百分之二的回扣给黑手党。 来自《简明英汉词典》

6 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

7 overtime   

adj.超时的，加班的；adv.加班地

参考例句：

• They are working overtime to finish the work.为了完成任务他们正在加班加点地工作。
• He was paid for the overtime he worked.他领到了加班费。

8 theatrical   

adj.剧场的，演戏的；做戏似的，做作的

参考例句：

• The final scene was dismayingly lacking in theatrical effect.最后一场缺乏戏剧效果，叫人失望。
• She always makes some theatrical gesture.她老在做些夸张的手势。

9 eligible   

adj.有条件被选中的；(尤指婚姻等)合适(意)的

参考例句：

• He is an eligible young man.他是一个合格的年轻人。
• Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。

10 ballots   

n.投票表决( ballot的名词复数 )；选举；选票；投票总数v.（使）投票表决( ballot的第三人称单数 )

参考例句：

• They're counting the ballots. 他们正在计算选票。 来自《简明英汉词典》
• The news of rigged ballots has rubbed off much of the shine of their election victory. 他们操纵选票的消息使他们在选举中获得的胜利大为减色。 来自《简明英汉词典》

11 versus   

prep.以…为对手，对；与…相比之下

参考例句：

• The big match tonight is England versus Spain.今晚的大赛是英格兰对西班牙。
• The most exciting game was Harvard versus Yale.最富紧张刺激的球赛是哈佛队对耶鲁队。

12 overriding   

a.最主要的

参考例句：

• Development is of overriding importance. 发展是硬道理
• My overriding concern is to raise the standards of state education. 我最关心的是提高国民教育水平。

13 criteria   

n.标准

参考例句：

• The main criterion is value for money.主要的标准是钱要用得划算。
• There are strict criteria for inclusion in the competition.参赛的标准很严格。

14 relatively   

adv.比较...地，相对地

参考例句：

• The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
• The operation was relatively painless.手术相对来说不痛。

15 tightened   

收紧( tighten的过去式和过去分词 )； （使）变紧； （使）绷紧； 加紧

参考例句：

• The rope holding the boat suddenly tightened and broke. 系船的绳子突然绷断了。
• His index finger tightened on the trigger but then relaxed again. 他的食指扣住扳机，然后又松开了。

16 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

17 pendulum   

n.摆，钟摆

参考例句：

• The pendulum swung slowly to and fro.钟摆在慢慢地来回摆动。
• He accidentally found that the desk clock did not swing its pendulum.他无意中发现座钟不摇摆了。

18 ramifications   

n.结果，后果( ramification的名词复数 )

参考例句：

• These changes are bound to have widespread social ramifications. 这些变化注定会造成许多难以预料的社会后果。
• What are the ramifications of our decision to join the union? 我们决定加入工会会引起哪些后果呢？ 来自《简明英汉词典》

19 pending   

prep.直到，等待…期间；adj.待定的；迫近的

参考例句：

• The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
• He knew my examination was pending.他知道我就要考试了。

20 equity   

n.公正，公平，（无固定利息的）股票

参考例句：

• They shared the work of the house with equity.他们公平地分担家务。
• To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。