Q: What does the new administration mean for workers?

A: Local 338 is following potential policy changes that could affect workers closely – everything from changes to immigration law to banning overtime is on our radar. Your union has staff who are policy professionals are staying informed and doing the work to ensure we aren’t caught off guard if there is a sudden shift in policy.  We are also preparing resources and ensuring all our members, regardless of what benefits plan they are on, will have access to the services they need, no matter the situation.

As we enter the next administration, we are going to do our best to inform members of any changes that may affect them as quickly as possible. That’s why we encourage members to opt in to receive text messages from us - it is the best way for us to communicate quickly with you and make sure you get the resources and information you need.

Q: Will there be big policy changes enacted on day one?
 

A: It is possible that some changes could happen quickly through the use of executive power. However, many of the policies that the next administration is proposing require Congressional approval, which takes time. We are preparing for a range of possible policy changes and will make sure that members are informed as soon as we know anything that could impact them. We will do our best to provide resources to our members should they be affected by policy changes.

Q: I’ve heard that new rules may be proposed that will affect overtime or give employers more freedom to make changes. How will that affect me?

A: We hear your concern about your rights at work. Local 338 is keeping a close eye on any potential changes to workplace laws and protections. As a union member, your union contract guarantees your wages, benefits and working conditions – your employer is required to honor it. If you think your employer is not following the contract, please reach out to your Union Representative as soon as possible so we can follow up and enforce the contract. Our priority as an organization is representing our members and fighting to ensure that you receive what you are entitled to under your union contract – regardless of who’s in office.

You can reach your Local 338 Union Representative by calling (516) 294-1338 ext. 1775.  

Q: What happens if there are changes to immigration policies like TPS or visas?

A: With any new administration there are always changes in immigration policy and enforcement, exactly what that looks like can’t really be known until a new administration takes office and legislation, rule changes or directives are officially introduced. Local 338’s Policy Staff are closely monitoring immigration policy and will update information for members as we see legislative, regulatory, or enforcement measures change.

If you are eligible for the Local 338 Benefits Fund, you are entitled to 30 hours of Legal Services, which includes a number of different immigration cases, including naturalization, permanent residency, or changes in status. It also covers deportation and other cases that challenge your, your spouse’s, or dependent’s right to remain in the United States. The Legal Services Benefit will cover your spouse and eligible dependents.

If you’re not eligible for the Benefits Fund, we’re working closely with our national union, other unions, and partners across the State, to make available a broad list of resources, including trainings to ensure you know your rights, as well as immigration attorneys and legal clinics to ask questions and access legal support. These resources will also be available for you to share with loved ones, friends, or neighbors - as they are ready, we will post them online for easy access.

Q: I’m worried about my family member because of their immigration status. They aren’t a union member, but could the union still help me?

A: We are working with partners across the state to identify local immigration support services that anyone can use. For members, we have attorneys that can provide immigration support and advice. Depending on the benefits plan, some family members are also eligible. The best thing you can do right now is to make sure you are opted in to receive texts from the union so if anything does happen that could our affect members or  their family members who are immigrants, we can quickly send you accurate information and connect you to the appropriate immigration support for you and your family.

Q: What happens if I or a family member have a green card given the Supreme Court’s recent ruling?

A: The Supreme Court’s ruling will not change the conditions for existing green card holders.  In the case United States v. Muñoz, the Supreme Court found that a U.S. citizen does not have a constitutional right to challenge the denial of a green card to their spouse. This is not a new precedent, however, the courts have long held that decisions made by consular officers, i.e., the officers who decide visa and green card applications, are not subject to challenge in court.  This does not change the rules applicable to current green card holders.  

Q: Can the union be forced to provide members’ information to ICE, CBP or any other government agency regarding immigration status?

A:  The Union does not maintain data concerning members’ immigration status, including the I-9 form submitted to show work authorization. The Department of Homeland Security is authorized to audit the I-9 form that employees submit to their employers and is likely to continue those audits.  Under current law, other than routine disclosures connected to individual applications for government benefits, criminal matters, and tax matters, the government has limited authority to require disclosure of social security numbers from individuals or organizations and must show cause for seeking this information.  The longstanding policy of the National Labor Relations Board has been not to inquire about an employee’s immigration status.  At this time, we do not know if or how any of these laws or policies will be changed.

Q:  How is the union preparing should there be workplace ICE raids?

A: The incoming administration has made threats of ramping up ICE raids which we know can be traumatic to hear of or experience and difficult to understand what your rights are in such a situation. Local 338 is working with our national union to make available training on what to expect from an ICE raid and what your rights are should you be caught up in an ICE raid. If you are interested in participating in one of those trainings let your Union Representative know.

Q: Is the Affordable Care Act (ACA) going to be overturned? Could I lose my healthcare if there are changes to the law?

A: Firstly, if you are eligible for the Local 338 Health & Welfare Fund it is the Trustees that set the terms of your healthcare and only they can change it.

The ACA has been the law for over a decade and has a lot of parts to it, any attempts to repeal or replace any part of the ACA would require congressional action which means we will have warning of what to expect and will be able to help our members who do get their insurance through the exchange navigate what the changes will mean for them. Since Congressional action is required this also means as a union we have the opportunity to lobby against any changes that would be harmful to our members or their families.

Q: I keep hearing there is going to be a national abortion ban, I'm scared will this mean abortion will be illegal in New York?

A:  Abortion is legal in New York and in this past election it was codified in the state constitution which helps to protect us here in New York should anything change on the national level. We don’t know what type of legislative action or litigation will be attempted in the coming years but whether efforts to impede abortion access and rights in New York move through the courts or through Congress will take time. Our policy experts are closely monitoring all legislative and judicial threats and should anything move, that would impact abortion rights or access in New York we will let our members know and work on how to mitigate the impact.