Tag: organization

February 2024 NYC Deposition Reporter Unionization Report

In my “Chaotic Good” post I floated the idea of unionization for “freelancers.” I also provided a form that people could sign up if they were interested in the idea, which I urge my fellow New Yorkers to share and sign on for.

After my post, someone I love very much urged me to seek guidance from a lawyer on this issue. If you want your name here, just let me know.

Another court reporter insisted that my “Chaotic Good” post was filled with supposition and put together by hope and duct tape. I have now spoken to a lawyer whose life mission is worker organization. Let’s just say my supposition, hope, and duct tape is more like the concrete foundation on which we build a better tomorrow for you and your families. Take it or leave it.

As it turns out, much of what I wrote in the aforementioned post is true. As told to me by the attorney:

  1. There are many factors balanced or viewed by a fact finder when deciding if someone is an independent contractor or misclassified employee. What the parties call the relationship does not matter. So, for example, Lexitas’s Independent Contractor Agreement means jack shit. I wonder who could have predicted that.
  2. There are two tracks reporters could take to push the issue. The first would be some kind of class action that could be pushed all the way to the Court of Appeals, New York State’s highest court. The second would be finding enough reporters from a specific New York City office and filing a petition with the National Labor Relations Board (NLRB).
  3. No matter what track is selected, the organizing workers would have to decide whether to form a new organization or form under an existing organization. It is probably better to go with an established union.
  4. Misclassification class action track. This option would take years and quite a lot of money in legal fees. Given the facts I expressed to the attorney, he commented that the misclassification route would probably be better.
  5. NLRB track. This option would be quicker and is more attractive in that sense. In the event of an NLRB petition, the employer will likely say that the petitioners are independent contractors and not employees. the NLRB will hold a hearing to decide the issue. The NLRB is more favorable to workers than many courts, including New York’s courts. The company being unionized may attempt to withhold work from the petitioners, but if it’s found that petitioners are employees (and there are good reasons to believe they would), such action would be illegal union busting, and those retaliated against could be compensated for it. The NLRB track would require dedicated campaigners. This would be smarter to do at a smaller agency first, because it requires a majority of workers at the agency.
  6. Digital court reporters and voice writers. Where agencies use a mix of court reporters, it would make sense to unionize all together. After unionization, a contract could be put in place that sets ratios of reporters, and that contract would have to be followed by law.
  7. Contracts generally. Anything that can be put inside an enforceable contract is fair game. So, again, the right to work from home and refuse jobs, some kind of system could be put in place to allow for that. Many of the “benefits” court reporters enjoy from being “freelancers” can be secured contractually. The lawyer noted something like “it sounds like you are all getting all the drawbacks of being an independent contractor with none of the benefits.” Meaning we take on the self-employment taxes and so forth, but we have little to no customer control or independent branding, and are generally not allowed to subcontract our jobs to others as we would be if we were true independent contractors.
  8. This will take a lot of perseverance no matter what. It may also take a lot of time. Organizers and campaigners must be ready for a fight.

I want to stop and pick on point 6 a little, because court reporters are probably like “no, no, no, no, no.” Let me give you reality. Veritext has been advertising for digital court reporters every day for years. The larger companies of our field are, without any doubt whatsoever, slowly siphoning us out for digital court reporters. If you do have any doubts about this, feel free to reach out to Jackie Mentecky and ask her how things are going in Florida. To summarize: Stenographers cannot get work and are having trouble affording their bills because digital court reporters are being sent on the jobs they would have had. I have personally corresponded with people that are having trouble paying their bills because of agency mistreatment. So if you do nothing, you will be replaced. And even if you are not replaced, the constant influx of court reporters from both our stenographic recruitment drive and Veritext’s cash-dump strategy will create a worker glut that will reduce or freeze your rates. To understand why this is, you have to look at supply and demand. Demand for court reporters is forecasted to pretty much remain the same, with 3% job growth currently forecasted by the Bureau of Labor Statistics. So if the demand is remaining the same, and the supply is going up, eventually our gentle shortage will become a deluge of workers who will all be competing to get the same jobs. This is why New York City is 30 years behind inflation. And that was with stenographers competing with each other, not with a combined workforce.

And if stenographers do not do this, then digital court reporters might do it after our numbers thin out a little more. Who do you think gets to set the ratio if that happens?

Special note to the rest of the country: What’s happening in New York City and Florida is just an accelerated version of what’s coming for you. I know you don’t like to read that, but this is the nature of corporate consolidation of the country. MEDICAL DOCTORS are having difficulty and pay disparity is causing massive worker shortages in pretty much every field. How long do you think your licenses are going to protect you? They barely do now.

I am taking steps to obtain records from the defunct Federation of Shorthand. If obtained, they will likely be shared with the lawyer, and may be shared with this audience. If anyone would like to assist me in this endeavor, please reach out to contact@stenonymous.com. It seems that either we will need to pay for reproduction of the records OR visit in person at 70 Washington Square South.

Real talk. I got mine. You can look my salary up online. I don’t need to help you. I don’t need to care about you. I don’t need to spend time writing blogs or publishing information for you. I didn’t need to save your job from the Speech-to-Text Institute propaganda machine. I didn’t need to make a forum where you could discuss rates freely. You can spend your days whining on Facebook about how the agency won’t pay your rates or you can unionize and lock them into a contract where they have to pay your rates from now until the end of time.

On one end, you have a guy who uses a considerable amount of his free time to help people he’ll never know. On the other end, you have corporations that are factually doing everything they can to create market conditions that reduce your income. I don’t think this is a difficult decision, but I’ve been wrong before.

The Speech-to-Text Institute is an organization that was accused of fraud and illegal anticompetitive conduct, was subsequently sued, and shut down its website in 2023.

Conclusion

Unionization for New York City deposition reporters is possible but will require action on the part of court reporters. You can use me as a shield to organize by filling out that form I linked at the top.

ADD-ONS

A union is not the only course of action that can be taken. We can also push for a New York City or New York State price transparency bill where companies would be required to tell court reporters what the consumer is being billed and tell the consumer what the court reporter is being paid. A second option, suggested by another lawyer, is creating something of a cooperative agency that competes directly with the big box brigade. All of these options are preferable to doing nothing. All of these options require organization, so quite frankly, if you’re interested in 1/3, you should still sign up on my link.

“In times of universal deceit, telling the truth will be a revolutionary act.” -George Orwell

NCRA and NYSCRA: For Stenographers

It is with a great deal of enjoyment that I share what happened this weekend. NCRA sent out an email blast that it was suspending its corporate partner solicitations. Some of its fabulous directors took to Facebook to share the message as well. I think this is great on a lot of levels. They’re paying attention to our preferred social media space. They’re paying attention to the fact that some of our corporate partners are not being very partnery. They’re reaffirming that they are us.

We all together support the stenographic modality of transcription and record making. NCRA sounds serious about a transformation, and we hope it continues on its current course towards educating the public that this a viable and vibrant career choice and that stenographic reporting is among the best speech-to-text “applications” around. Compared to the NVRA, which doesn’t bother to write back when I ask questions, NCRA’s responsiveness and commitment to its members and potential members is refreshing. I hope that responsiveness continues. I hope that any members that have smart suggestions for changes to the corporate partnership program write in to NCRA today. Out of the many thousands of us, I am sure there are smart and acceptable solutions to be had.

Now I’ll turn to NYSCRA, who also put out a statement reaffirming their commitment to stenography. Let’s face the facts: NYSCRA is an association by stenographers for stenographers. Up until recently, only working stenographers could hold office or vote. We recently held a vote to allow retired stenographers and amazing stenographic educators like Karen Santucci to have officer and voting privileges. The results of such vote were not yet announced, but make no mistake that I was right there voting yes with many of you. NYSCRA is not being coy or dishonest about what they’re saying. They do give entities that donate recognition for donating. Years ago I helped sponsor the breakfast in a Long Island meeting, and my name was right alongside the other sponsors as I recall. I had no control over the breakfast, the event, or anything like that. Sponsors do not control NYSCRA.

Consider this a call for all to get more involved. And don’t believe what you hear. You can get involved in event the smallest of ways. Taking the time to write a suggestion is involvement. Taking the time to attend a meeting is involvement. Even taking some time out to discuss an issue with a colleague and work through the pros, cons, and challenges of an idea can be involvement. Some would have you believe that you must be donating, volunteering, hosting, and traveling to be involved. For those that have the time and energy, we are grateful. But the time things really shine is when a member like you takes up one issue, any issue that you truly believe is important to steno, and makes the associations aware that it can be on their radar. It’s when real members like you step up and propose solutions to the problems we face.

Some look at a question and say: If it was important, someone would’ve answered it already. All I have to ask is: What would make your profession better?