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Monthly Archives: April 2021
Jewish law: May parents waive childrens obligation to mourn for them? – The Jerusalem Post
Posted: April 2, 2021 at 10:33 am
In popular mindset, the 12-month mourning period (avelut in Hebrew) is about the mourner who is obligated to observe the customs and prohibitions of the period. It might therefore surprise people that Jewish law permits parents to request that their children not observe these prohibitions after the initial 30-day period.The basis for this ruling is a discussion in the Talmud whether a person may demand not to be interred. Jewish law rules that we do not respect this request because the commandment to be buried relates to ones inherent dignity, rooted in being created in Gods image, that cannot be simply waived. In contrast, mourning rituals done for the deceaseds benefit or honor may be waived in ones lifetime. Requests for no eulogies or modest writings on headstones must be respected since they are intended to praise the deceased, who may choose to give up on these honors.
The Talmud, however, did not address questions relating to avelut itself, such as shiva and shloshim, the seven- and 30-day periods of mourning observed for ones immediate relatives. In the 16th century, rabbis Yaakov Reischer and David Oppenheim ruled that we respect the wishes for a person who request that his or her loved ones not observe avelut. The case, perhaps not surprisingly, dealt with someone who was on their death bed in the period immediately before their childs wedding date and wished that the ceremony should still take place. Rabbis Reischer and Oppenheim asserted that mourning rituals are done for the sake of the honor of the deceased and therefore their wishes should be respected.
This ruling, however, was in opposition to the position of Rabbi Moshe Isserles, who followed Rabbi Yaakov Weil (15th century, Germany) in asserting that one could not waive these periods of avelut. This was either because they were concerned that mourning is ultimately for the sake of the mourners, or that these periods are a bona-fide obligation that, whatever their rationale, may not be waived. The generally accepted position affirms that these initial periods of avelut must be observed.
This disagreement was only regarding the shiva and shloshim periods, which are standard in all cases of mourning. What about the extended 12-month period, which exclusively marks the passing of ones mother or father? In this circumstance, Rabbi Weil asserts that parents may waive this requirement since the extended period of mourning is only done out of a sense of honor for them (kibbud av vaem). This position is approved by Rabbi Yoel Sirkes and subsequently by all other decisors, such as rabbis Yehiel Epstein, Chaim Medini, Avraham Danzig, Ovadia Yosef, and many others.
To appreciate the widespread acceptance of the parental ability to waive the 12-month avelut period, it pays to compare it with the various rabbinic positions taken to a similar question. Can a parent request a child not to recite kaddish for them? The mourners kaddish emerged in the 12th century as a form of intercessory prayer that would help atone for the sins of the deceased and reduce their suffering in the afterlife. One might assert the deceased should be able to waive recitation of kaddish since this is for their benefit, like a eulogy. While this conclusion was accepted by a few decisors, including Rabbi Yekutiel Greenwald and Rabbi Feivel Cohen, it was rejected by a significant majority of decisors, for a variety of reasons.
These include: 1) concerns that not reciting kaddish might create the mistaken impression that the children was of illegitimate origins or not actually his seed, thereby impugning on his reputation; 2) the parents potential motivation to want to avoid imposing on the child to regularly attend services; since a child must try to attend synagogue anyway, this is not a sufficient justification; 3) most fundamentally, in light of the great benefit the deceased receives from the kaddish recitation on his behalf, the deceased would certainly regret this decision. Given its spiritual benefits, a person simply does not have the ability to waive such lofty assistance, and therefore children should ignore this request and recite kaddish. As such, one does not see the option of waiving kaddish in contemporary handbooks of halachic literature. Decisors do not respect the potential motivation nor do they think that it is in the best interests of the deceased. This is in contrast with waiving the 12-month avelut requirement, which was widely accepted.
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Interestingly, two prominent legal decisors, rabbis Eliezer Waldenberg and Yosef Elyashiv, innovatively asserted that even if the deceased did not expressly waive the mourning requirement, we can assume that he would in cases when it is clear to the mourners that their parents would have clearly desired for their children to participate in a family celebration, such as the wedding of a grandchild. Not all decisors, including Rabbi Yaakov Kamenetsky, agree with this suggestion of simply assuming this is the case.
Fascinatingly, one lesser-known scholar, Rabbi Gershon Ephraim Marber (Warsaw/Antwerp, 18721941) suggested that parents should explicitly waive the extended 12-month period so that children will not fail in the difficult obligations imposed in this period, especially when it comes to family celebrations.
Is this a good idea? In the most recent issue of the journal Hakirah, I expound at great length on the wisdom of this suggestion to encourage waiving the avelut requirement. It should be clear, however, that the prerogative of a parent to choose, on their own initiative, to waive avelut for their children after the 30-day mourning period remains entirely acceptable.
The writer is co-dean of the Tikvah Online Academy and a post-doctoral fellow at Bar-Ilan University Law School. His book, A Guide to the Complex: Contemporary Halakhic Debates, received a National Jewish Book Award.
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Jewish law: May parents waive childrens obligation to mourn for them? - The Jerusalem Post
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This Passover, Im contemplating the plague of ageism – Forward
Posted: at 10:33 am
I used to think old people were either cute or sad.
The cute ones were Kirk Douglas or Ruth Bader Ginsburg doing push-ups, and gray-haired couples animatedly talking to each other or walking hand in hand in the park.
The sad ones were stooped, infirm, inept, crotchety, disheveled, occasionally incoherent, and mostly invisible.
I used to laugh when comedians mocked elderly men who still flirt when a pretty girl passes by, and 80-something women who still dress with panache and take pains with their make-up as if they had a prayer of attracting the male gaze. In other words, having absorbed from the world around me its negative stereotypes of seniors, and its cultish adoration of youth, Id succumbed to the plague of ageism.
Since turning 60, then 70, then, incredibly, 80, Ive cringed at age-related stereotypes and raged not just at the dying of the lightDylan Thomas immortal phrase for mortality tremorsbut at the maddening societal attitudes that dismiss my cohort as over the hill has-beens.
In 2017, Americas seniors totaled more than 46 million, a number expected to nearly double over the next 30 years. Yet children and young people are still being indoctrinated with the same disparaging images and demeaning mindsets about age and aging that I grew up with.
Jewish tradition, though more balanced, sends mixed messages. On the one hand, our liturgy and sacred texts constantly refer to elders as repositories of wisdom, compassion, experience, understanding, judgement, and insight. The Torah reminds us that Moses was 80 and Aaron was 83 when they made their demand on Pharaoh, an act of immense courage and chutzpah. The Talmud calls 80 the age of strength. Proverbs describes a hoary head, (gray hair) as a crown of glory, implying that longevity is the reward for a life of righteousness.
On the other hand, we also encounter descriptions in granular detail of the depredations and burdens of agedimmed vision, physical weakness, mental confusionand perplexing paradoxes. Leviticus commands, You must rise up before the aged and honor the face of the older person; you must fear your God, aligning the will of the deity with the dignity of the aged and suggesting that Adonai stands ready to police ageism.
Yet during the High Holy Days, Shema Koleinu has us reciting the Psalmists plea, Do not cast us off in old age; when our strength fails, do not forsake us. Surely, Im not the only one who hears those words as an indirect expression of, dare I say it, the divinitys occasional slide into ageism. Why else would God require an explicit request to not abandon those who are weaker than they once were.
Just as our inherited tradition tries to reconcile these contradictions, so should we tackle the scourge of age-bias and confront the idolatrous worship of youth. We must assume the best (imputing to older people personal value, continuing capacities and aspirations), while accommodating to the worst (the inevitable depletions of age) by providing care and kindness until the end of life. Anything less will be a plague on humanity and a shanda for our people.
This piece was produced in partnership with Jewish Book Councilas a part of a Passover supplement for Dwelling in a Time of Plagues. To download the full Passover supplement, which includes ten authors and ten artists responding to ten modern plagues, please click here.
The views and opinions expressed in this article are the authors own and do not necessarily reflect those of the Forward.
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It is hard to connect to the Torah as a trans Jew. Here’s why I’m trying anyway. – JTA News – Jewish Telegraphic Agency
Posted: at 10:33 am
This essay originally appeared on Alma, 70 Faces Medias feminist Jewish culture site.
Had you asked me 20 years ago, 10 years ago, even last year (truthfully, last month) if Id ever quote the Torah in a piece I was writing, I probably would have (respectfully and nervously) laughed in your face.
The Torah makes me anxious because I know that it holds the potential to oppress me as a genderqueer trans Jew. And I know it informs so many Jews of their strongly held beliefs, and those beliefs directly oppress me and others. They use the Torah to justify hate and bigotry and embolden some to actively and directly harm people. As Jewish as questioning and challenging everything is, I was never taught to actually do it. So when these particular Jews would weaponize different Torah verses and decide that their one interpretation was the Word of God, that was it for me. Fin. I never questioned it. I just took it at face value. Add the fact that Id never really seen myself reflected in any of the stories Id heard, and I never even saw the purpose of trying to connect to the Torah.
Still, I struggled. As I work at Keshet, a national nonprofit that works for the full equality for LGBTQ Jews and our families in Jewish life, I am constantly faced with the question of how relevant the Torah can be as I run workshops and teach about inclusion as a Jewish value. I point to our poster of Seven Jewish Values for an Inclusive Community and recite my spiel. I have to admit that when I first started teaching this four years ago, I dont know that I truly believed what I was teaching; I hadnt quite internalized it yet. I was in the beginning of my healing journey with Judaism. Id felt so deeply rejected so much of my life that I didnt even know it was possible to connect again to Judaism in an authentic way as a queer and trans person.
One of the values from our poster that continuously stuck out to me and replayed over and over in my head was btzelem Elohim, the notion that we are made in the image of God (or the divine) pulled directly from Genesis. As the poster explains, if we see each person as created in the image of God, we can see the humanity and dignity in all people. True inclusion is built upon this foundation.
This made sense to me, yet I still had a difficult time applying it to myself.
The questions kept coming: Do I even believe in God? If I was made in the image of God, then why do I need to change my body to relieve my dysphoria and see/be/feel myself? Why do I even feel dysphoria? Was I a mistake? Am I broken? If God is real, why do humans suffer? And why do humans suffer at the hands of other Jews?
Over the last few years, Ive been training myself to think outside the binary in more ways than just gender. Ive been rewiring my brain to think in a both/and instead of an either/or kind of way. Either/or stops a conversation, while both/and invites expansion and possibility. If this is true, what else can be true? Is this the only truth? There must be more to the story. Can two things be true at once? Its a lot to hold, and its not always easy.
Ive never been interested in text studies. I didnt want to dig into Torah. It felt like Id be giving too much power and attention to this thing that I kept thinking was my oppressor. Then one day I decided I needed and wanted to push myself on this. I wanted to face the thing that scared me as Id done with so many other aspects of my life.
So with my colleague Rabbi Micah Buck-Yael, a trans person who became a rabbi in part to challenge the patriarchy and help carve space for queer Jews, we started chatting Torah. And I pushed back on every single word they said. I asked them a million questions. Even questions like: What is the Talmud really? What is midrash really? Then we started talking about the moment we are in now: on the precipice of rereading, reimagining and reinterpreting Torah and doing it through a queer lens. There are many queer and trans folks who have been queering the Torah for years, individually and through programs like Svara, while actively working to make queer Jews more visible.
Then it dawned on me: Id been approaching Torah all wrong. Its not an either/or. Its a both/and. Its not either this verse is the law of the land or nothing; instead I get to decide what Torah means to me. I get to choose which meanings resonate with me. And if none do, I get to create my own. If the sages and rabbis get to, why cant I?
Maybe the concept of btzelem Elohim needs an update for those of us who arent sure we believe in God. Because whether or not we believe doesnt change the fact that transness is holiness. I am divine. I find my strength from within and dont need any outside sources, God included, to be my own constant, my own divinity. I was made the way I am because its who I am meant to be. Every move or mistake Ive made, every lesson Ive learned, has made me who I am, and I wouldnt trade any of my experiences to be born any other way.
When Im in Jewish spaces where Im feeling on the fringes, or have moments when Im questioning if I really belong or if anyone really, truly sees me, I can dig within and remember that I exist, therefore I am visible even if only to myself and, ultimately, thats what matters most. I am btzelem Elohim, divine and holy. And the Torah gave me that.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
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Virtually no more Jews left in Iraq, only empty buildings | | AW – The Arab Weekly
Posted: at 10:33 am
BAGHDAD--The death of Dhafer Eliyahu hit Iraq hard, not only because the doctor treated the neediest for free, but because with his passing, only four Jews now remain in the country.
At the Habibiya Jewish cemetery in the capital Baghdad, wedged between the Martyr Monument erected by ex-dictator Saddam Hussein and the restive Shiite stronghold of Sadr City, an aged Muslim man still tends to the graves, but visitors are rare.
The day of Eliyahus burial, it was me who prayed over his grave, the doctors sister said.
There were friends of other faiths who prayed too, each in their own way, she added, refusing to give her name.
To hear Jewish prayer out in the open is rare now in Baghdad, where there is but one synagogue that only opens occasionally and no rabbis.
But Jewish roots in Iraq go back some 2,600 years.
According to biblical tradition, they arrived in 586 BC as prisoners of the Babylonian king Nebuchadnezzar II after he destroyed Solomons Temple in Jerusalem.
In Iraq, they wrote the Babylonian Talmud on the very land where the patriarch Abraham was born and where the Garden of Eden is considered by some to have been located, in the heart of the Mesopotamian marshlands.
More than 2,500 years later, in Ottoman-ruled Baghdad, Jews were the second largest community in the city, making up 40 percent of its inhabitants.
Some were very prominent members of society like Sassoon Eskell, Iraqs first ever finance minister in 1920, who made a big impression on British adventurer and writer Gertrude Bell.
Turning point
At the start of the last century, the day of rest and prayer was Saturday, as per the Jewish tradition, not Islams Friday, as it is today.
Today, one prays at home, said a Baghdad resident knowledgeable of the citys Jewish community, who also chose to remain anonymous.
And when people with a Jewish name deal with the administration they will not be well received, he added.
According to Edwin Shuker, a Jew born in Iraq in 1955 and exiled in Britain since he was 16, there are only four Jews with Iraqi nationality who are descendant of Jewish parents left in the country, not including the autonomous Kurdish region.
A turning point for Jewish history in Iraq came with the first pogroms in the mid-20th century. In June 1941, the Farhud pogrom in Baghdad left more than 100 Jews dead, properties looted and homes destroyed.
In 1948, Israel was created amid a war with an Arab military coalition that included Iraq.
Almost all of Iraqs 150,000 Jews went into exile in the ensuing years.
Their identity cards were taken away and replaced by documents that made them targets wherever they showed them.
The majority preferred to sign documents saying they would voluntarily leave and renounce their nationality and property.
Still today, Shuker said, Iraqi law forbids the restoration of their citizenship.
By 1951, 96 percent of the community had left.
Almost all the rest followed after the public hangings of Israeli spies in 1969 by the Baath party, which had just come to power off the back of a coup.
Promotion of Zionism was punishable by death and that legislation has remained unchanged.
Continued haemorrhage
Decades of conflict and instability with the 1980s Iran-Iraq war, the invasion of Kuwait, an international embargo, the 2003 American invasion and the ensuing violence completed the erosion of the Jewish community.
By the end of 2009, only eight members remained, according to a US diplomatic cable.
And the haemorrhage didnt end there.
A jeweller threatened by militiamen who coveted his goldsmiths work went into exile, followed by Amer Moussa Nassim, grand nephew of author and renowned economist Mir Basri, in 2011.
At 38, Nassim told AFP he left Baghdad to finally live a normal life and get married, as the only remaining Jewish women in the city of millions of people were two elderly ladies.
Six months ago, one of the two, known as Sitt (lady in Arabic) Marcelle, a tireless advocate of the community, passed away.
And on March 15, she was followed by Elyahu, aged 61.
Israel, on the other hand, is now home to 219,000 Jews of Iraqi origin.
They left behind in Iraq homes and synagogues, which, up until 2003, were in perfect condition and each owner identifiable, Shuker said.
All it takes is a vote in parliament to return everything to the families.
But today, the buildings still stand empty, padlocked and crumbling from neglect, carrion for war profiteers in a country where corruption and mismanagement reign.
Link:
Virtually no more Jews left in Iraq, only empty buildings | | AW - The Arab Weekly
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Its hard to connect to the Torah as a trans Jew. Im trying anyway. – Forward
Posted: at 10:33 am
This essay originally appeared on Alma, 70 Faces Medias feminist Jewish culture site.
Had you asked me 20 years ago, 10 years ago, even last year (truthfully, last month) if Id ever quote the Torah in a piece I was writing, I probably would have (respectfully and nervously) laughed in your face.
The Torah makes me anxious because I know that it holds the potential to oppress me as a genderqueer trans Jew. And I know it informs so many Jews of their strongly held beliefs, and those beliefs directly oppress me and others.
They use the Torah to justify hate and bigotry. It emboldens some to actively and directly harm people. As Jewish as questioning and challenging everything is, I was never taught to actually do it. So when these particular Jews would weaponize different Torah verses and decide that their interpretation was the Word of God, that was it for me. Fin. I never questioned it. I just took it at face value.
Add the fact that Id never really seen myself reflected in any of the stories Id heard, and I never even saw the purpose of trying to connect to the Torah.
Still, I struggled. As I work at Keshet, a national nonprofit that works for the full equality for LGBTQ Jews and our families in Jewish life, I am constantly faced with the question of how relevant the Torah can be when I run workshops and teach about inclusion as a Jewish value. I point to our poster of Seven Jewish Values for an Inclusive Community and recite my spiel. I have to admit that when I first started teaching this four years ago, I dont know that I truly believed what I was teaching; I hadnt quite internalized it yet.
I was in the beginning of my healing journey with Judaism. Id felt so deeply rejected so much of my life that I didnt even know it was possible to connect again to Judaism in an authentic way as a queer and trans person.
One of the values from our poster that continuously stuck out to me and replayed over and over in my head was btzelem Elohim, the notion that we are made in the image of God or the divine, pulled directly from Genesis.
As the poster explains, if we see each person as created in the image of God, we can see the humanity and dignity in all people. True inclusion is built upon this foundation.
This made sense to me. Yet I still had a difficult time applying it to myself.
The questions kept coming: Do I even believe in God? If I was made in the image of God, then why do I need to change my body to relieve my dysphoria and see, be, and feel myself? Why do I even feel dysphoria? Was I a mistake? Am I broken? If God is real, why do humans suffer? And why do humans suffer at the hands of other Jews?
Over the last few years, Ive been training myself to think outside the binary in more ways than just gender. Ive been rewiring my brain to think in terms of both-and instead of either-or kind of way. The latter stops a conversation, while the former invites expansion and possibility.
If this is true, what else can be true? Is this the only truth? There must be more to the story. Can two things be true at once? Its a lot to hold, and its not always easy.
Ive never been interested in text studies. I didnt want to dig into Torah. It felt like Id be giving too much power and attention to this thing that I kept thinking was my oppressor.
Then one day I decided I needed and wanted to push myself.
I wanted to face the thing that scared me, as Id done with so many other aspects of my life.
So with my colleague Rabbi Micah Buck-Yael, a trans person who became a rabbi in part to challenge the patriarchy and help carve space for queer Jews, I started chatting Torah. And I pushed back on every single word they said. I asked they a million questions. Even questions like: What is the Talmud, really? What is midrash, really?
Then we started talking about the moment we are in now: on the precipice of rereading, reimagining and reinterpreting Torah and doing it through a queer lens. There are many queer and trans folks who have been queering the Torah for years, individually and through programs like Svara, while actively working to make queer Jews more visible.
Then it dawned on me: Id been approaching Torah all wrong. Its not an either-or, its a both-and. Its not either this verse is the law of the land or nothing; instead I get to decide what Torah means to me. I get to choose which meanings resonate with me. And if none do, I get to create my own.
If the sages and rabbis get to, why cant I?
Maybe the concept of btzelem Elohim needs an update for those of us who arent sure we believe in God. Because whether or not we believe doesnt change the fact that transness is holiness. I am divine. I find my strength from within and dont need any outside sources, God included, to be my own constant, my own divinity. I was made the way I am because its who I am meant to be. Every move or mistake Ive made, every lesson Ive learned, has made me who I am, and I wouldnt trade any of my experiences to be born any other way.
When Im in Jewish spaces where Im feeling on the fringes, or have moments when Im questioning if I really belong or if anyone really, truly sees me, I can dig within and remember that I exist, therefore I am visible even if only to myself. Ultimately, thats what matters most. I am btzelem Elohim, divine and holy. And the Torah gave me that.
The views and opinions expressed in this article are the authors own and do not necessarily reflect those of the Forward.
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Its hard to connect to the Torah as a trans Jew. Im trying anyway. - Forward
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Moving from the particular to the universal: The highest calling for the Jewish People? – St. Louis Jewish Light
Posted: at 10:33 am
Passover
This Shabbat, we find ourselves celebrating the 7th Day of the Festival of Pesach and preparing for this weeks special reading of the account of Kriat Yam Suf, the crossing of the Sea of Reeds, which tradition posits took place on this day. And yet, though we are knee-deep in our Passover celebrations, I find myself thinking back to the joy-filled holiday of Purim that we enjoyed just a few weeks back and to one of its primary heroes, Mordechai.
Now of course you are asking yourselves, why? What might Mordechai have to do with the Exodus and in particular with the miracle of the deliverance at the Sea?
According to Rabbinic tradition, Mordechai was a prophet and a member of the famed Jewish legal body known as the Sanhedrin which gathered in the Chamber of Hewn Stones, and whose members were so well-educated and worldly, that they knew all of the 70 languages extant at that time. In this respected capacity, Mordechai helped adjudicate difficult legal matters, and owing to his expertise as an accomplished linguist, he was able to uncover the plot to assassinate King Achashverosh found in the heart of the Purim tale. For this act of bravery and patriotism, Mordechai was ultimately commended by Achashverosh and chosen for a position of power and prominence in the court of the Persian monarch.
Rabbi Carnie Shalom Rose is the Rabbi Bernard Lipnick Senior Rabbinic Chair at Congregation Bnai Amoona. Rabbi Rose is a member of the St. Louis Rabbinical and Cantorial Association, which coordinates the dvar Torah for the Jewish Light.
However, there is one more little-known and intriguing tidbit about the life Mordechai that deserves our consideration. According to the Talmud (BT Megillah 16b), once Mordechai was elevated to serve as Viceroy in Achashveroshs government, many of his rabbinic colleagues determined that his involvement with civic affairs and, in particular, his focus away from the exclusive needs of his fellow Jews and Torah study, made him no longer a viable candidate for serving on the most elevated of Jewish legal bodies. Mordechais abiding concern for gentiles and pagans sullied his heretofore stellar reputation and many of his coreligionists therefore turned their backs on him and some even called for his removal from the Sanhedrin.
This Talmudic passage gnawed at me as I prepared to reread the tale of the deliverance of our people at the Red Sea; the biblical account that we recall and recount today, the 7th day of Passover. As you may remember, the Midrash posits that as the Israelites celebrated their victory over the Egyptians who had been swallowed up by the waters of the Sea of Reeds, a heavenly voice called out: My creations, my children, the work of My hands, are drowning and you are making merry and singing songs of salvation?! (BT Megillah 10b)
Passover is indeed a holiday of liberation. And yes, it is unabashedly the story of OUR (Jewish) deliverance. And yet, it would seem to me that as a people chosen by the Creator to serve as an Or Goyim - a light unto the nations (Isiah 42:6), our liberation and deliverance are incomplete until we do what we can to secure the release and emancipation of all those mired in servitude and oppression. And, in order to do this, we must reject the criticisms and chastisements of those who see our goal as myopically focused exclusively on Jewish survival and flourishing. This reorientation demands that we, like the hero of the Purim saga Mordechai, engage in the needs of the communities that reside beyond the limited boundaries of our own parochial needs. Not, heaven forbid, because we yearn to abandon our Jewish Tradition or neglect our responsibilities to our own people, but rather because we want to live-out the deepest and most profound manifestation of what our Holy Torah comes to teach us.
This Passover, as we retell the powerful story of our peoples freedom from the oppression of tyrants, let us pledge to also help hasten the arrival of the time we allude to thrice daily in our Aleynu prayer by actively working Letaken Olam BeMalchut Shaddai; Perfecting the entire world so that all of the earths inhabitants can experience the awesome power and unequalled beauty of the Almighty. May this era soon arrive speedily and in our day, Amen!
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Global Cryonics Technology Market Growth in the Forecast Period of 2020 to 2026 With Top Companies: , Buckeye Partners, Shell Pipeline, NuStar Energy,…
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Elon Musk Ordered to Delete Union Tweet and Eliminate Policies – The National Law Review
Posted: at 10:29 am
In its March 25decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (NLRA) after prohibiting employees from talking to the media; (2) Tesla didnotviolate the Act by calling employees into a meeting to discuss their potential unionization; and (3) Tesla must order CEO Elon Musk to delete his tweet about the employees attempt to unionize, as it was unlawfully coercive in violation of the Act.
In 2016, Tesla required its employees to sign a confidentiality agreement in response to leaks of confidential company information. As part of the agreement, Tesla reminded its employees that it is never OK to communicate with the media or someone closely related to the media about Tesla, unless [the employee has] been specifically authorized in writing to do so.
Here, the Administrative Law Judge found that the confidentiality agreement was lawful because considering that it was sent in response to leaks of confidential information, employees would reasonably interpret the agreement to apply only to proprietary information. Further, the Judge found that any potential interference with Section 7 rights was outweighed by Teslas interest in protecting such confidential information.
In 2017, the NLRB set a new standard for determining whether facially neutral work rules or policies would unlawfully interfere with, restrain, or coerce employees in violation of Section 7 of the NLRA. InBoeing Co., 365 NLRB No. 154 (2017), the Board held that: [W]hen evaluating a facially neutral policy, rule or handbook provision that, when reasonably interpreted, would potentially interfere with the exercise of NLRA rights, the Board will evaluate two things: (i) the nature and extent of the potential impact on NLRA rights,and(ii) legitimate justifications associated with the rule. In conducting this balancing test, the Board considers the rule or policy from the employees perspective. If the balance favors general employer interests, the rule or policy will be deemed lawful, but if the potential interference with Section 7 rights outweighs any possible employer justification, the rule will be deemed unlawful.
The Board applied theBoeingstandard for facially-neutral work rules and reversed the ALJ, and held that the provision in the agreement that prohibited employees from talking to the media without permission was unlawful in violation of Section 8(a)(1). The Board applied prior precedent and found that the language in the media-contact provision applied to information beyond what the confidentiality agreement defined to be confidential information, even if read in conjunction with the introduction explaining that the policy was created in response to leaked information.
The Board held that [t]hat general statement d[id] not change the meaning of the plain language of the media-contact provision, which employees would reasonably interpret to apply to communications with the media about any matter regarding [Tesla], including working conditions, labor disputes, or other terms and conditions of employment.
Additionally, because the provision did not include language limiting the restrictions to statements made to the mediaon behalfof Tesla, and required prior approval for any statements whatsoever, it clearly infringed on the employees Section 7 rights. Teslas justification for attempting such restriction did not outweigh the right of its employees to communicate with the media about labor disputes and their terms and conditions of employmenta concept central to the Actand, as such, Tesla violated Section 8(a)(1) by maintaining such a provision.
In 2017, a Tesla employee sent a petition to HR and to CEO Elon Musk, discussing the safety concerns of many employees and noting their intent to form a union in order to protect themselves and ensure their safety. Shortly after circulating the petition, HR brought the employee to a conference room with Musk, seeking to directly discuss the employees safety concerns. During the meeting, the employee noted that he thought a union would help give the employees a voice. Musk responded, [Y]ou dont really have a voice. The [Union] is a secondlike two-class system where [the Union] is the only one that has a voice and not the workers.
First,the Board found that the meeting with Musk didnotviolate Section 8(a)(1), as Tesla did not unlawfully solicit the employees safety concerns and impliedly promise to remedy them. The meeting was a result of the employees petition that had been sent directly to HR and Musk, and was an attempt to understandably learn more about the serious safety concerns alleged in the petition. Further, the petition did not detail any specific hazards and there was no explicit or implicit promise to remedy the safety concerns. As such, the meeting could not be categorized as an unlawful solicitation of grievances.
Second,the Board concluded that Musks statement was lawful because an employer may criticize, disparage, or denigrate a union without running afoul of Section 8(a)(1), as long as the employer does not threaten an employees Section 7 rights. Musk did not imply that Tesla would use unlawful means to ensure the employees were unable to unionize, and simply explained one effect of unionizationthat employees would take up any grievances with Teslathroughthe Union, who would speak on their behalf.
Even though the Board found that Tesla did not violate the act by calling an employee into a meeting to discuss unionization, the Board affirmed the ALJs finding that Musks subsequent tweet on May 20, 2018to approximately 22 million of his followerswas unlawfully coercive: Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues and give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare. The Board agreed that Musks commentary lost the protection of the Act because it amounted to a threat that employees would lose their stock options if they unionized; it was not a prediction carefully phrased based on objective fact[s] of what may occur as the result of good-faith collective bargaining. As part of its decision, the Board ordered Tesla to have Musk delete his unlawful tweet and take steps to ensure he complies.
This decision instructively highlights the pitfalls with public communications on social media by the employer and supervisors in response to unionization, reaffirming the principle that while employers have a right to free speech during an organizing campaign, that right must be exercised in a manner that is not overly coercive. The Board held that Musks tweet, to his 22 million followers, was unlawful principally because of the reference to the fact that Tesla employees would give up stock options for nothing. This was construed as a threatwhich is unlawfulrather than a potential consequence of good-faith collective bargaining negotiations if a Union were selected by the employees, which could have been lawful. A fine distinction can be drawn based on the manner in which the statement is phrased and the surrounding context.
In addition, this decision reinforces that employers may lawfully restrict employees from talking to the media about proprietary information, but such provisions must be carefully crafted to ensure that they do not infringe on employees Section 7 rights. Employers should take care in ensuring that they do not categorically restrict employees from talking to the media without prior authorization.
2020 Proskauer Rose LLP. National Law Review, Volume XI, Number 91
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Elon Musk Ordered to Delete Union Tweet and Eliminate Policies - The National Law Review
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Elon Musk calls for engineers, workers to move to Texas for SpaceX – CNET
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Starship prototype SN9 before its fateful launch in Texas earlier this year.
SpaceX founder Elon Musk has a vision for the company's presence in Texas where it's rapidly building (and rapidly exploding) Starship spacecraft prototypes. He sees the area, which he has unofficially named Starbase, growing by several thousand people over the next couple of years.
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Musk put out a plea on Tuesday for engineers, technicians and builders to relocate to Texas and join SpaceX. "Please consider moving to Starbase or greater Brownsville/South Padre area in Texas and encourage friends to do so!" Musk tweeted.
Musk called for "essential support personnel of all kinds." A quick scan of open positions for Brownsville shows SpaceX is looking to hire plenty of engineers, but also cooks, safety technicians, welders, security officers, managers and crane operators.
SpaceX didn't immediately respond to a request for comment.
From the lab to your inbox. Get the latest science stories from CNET every week.
Musk also said in a tweet Tuesdaythat he plans to donate $20 million to Cameron County schools and $10 million to nearby Brownsville to help revitalize the city's downtown. He promised more details next week.
The City of Brownsville Twitter account cheered the news, tweeting in response, "On the border, by the sea and beyond! Grateful for your support in making Brownsville a launching pad to Mars."
The series of tweets about hiring and donations came on the same daySpaceX's latest Starship prototype, SN11, exploded during a test flight. SpaceX is still trying to keep its test vehicles from blowing up during flight or shortly after landing. SN11's demise appeared to scatter debris across a wide area.
There have been plenty of indications that Musk and SpaceX intend to turn a chunk of Texas into a teaming hub of space activity. Besides development and test flights, the company seems to haveambitions for creating a "21st century Spaceport" resort in Texas.
If all goes as planned, SpaceX's Starbase might truly earn its sci-fi-inspired name.
FollowCNET's 2021 Space Calendarto stay up to date with all the latest space news this year. You can even add it to your own Google Calendar.
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Elon Musk on SpaceX SN11 Mars rocket prototype test: ‘At least the crater is in the right place!’ | NewsChannel 3-12 – KEYT
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An experimental rocket that SpaceX launched at its South Texas facilities Tuesday appears to have exploded, but heavy fog at the landing site left even SpaceX uncertain about what had occurred.
At least the crater is in the right place! SpaceX CEO Elon Musk tweeted.
All three of SpaceXs previous prototypes crash landed or exploded shortly after landing.
SpaceX engineer John Insprucker, who hosted a webcast of the test launch, said SN11 had a normal ascent and all appeared to be well before on-board cameras lost signal and the vehicle was subsumed by fog moments before landing. Insprucker said the company will share updates on social media once SpaceX engineers are able to check out the landing site. The area surrounding the vehicle must be cleared before liftoff for safety reasons.
Insprucker said the company is not expecting to recover video footage. Dont wait for landing, he advised webcast viewers.
Independent video streamers that recorded the flight did not capture the last stretch of the flight either due to fog, but NASASpaceflight a media site reported that one of the news outlets cameras may have been struck by debris from the rocket. Footage of the launch pad showed SN11 was nowhere in sight after the rockets descent.
SN11 is an early iteration of Starship, the vehicle that Musk envisions will one day carry the first humans to Mars. Its also the fourth prototype that SpaceX has launched on a high-altitude test flight as the company works to hash out how the massive vehicle will safely land upright after returning to Earth.
SN10, the last prototype to fly, landed upright earlier this month but independent footage of the event showed the vehicle exploded about three minutes later.
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