Posts tagged administrative law judge
Long Beach Worker Files Federal Lawsuit Challenging Structure of Biden Labor Board as Unconstitutional
August 23, 2024 // Nelson Medina, a Long Beach, CA-based employee of transportation company Savage Services, has just filed a federal lawsuit against the National Labor Relations Board (NLRB) challenging the Board’s makeup as unconstitutional. Medina, who is represented for free by National Right to Work Foundation staff attorneys, argues that the composition of the NLRB violates separation of powers doctrines enshrined in Article II of the U.S. Constitution because it shields NLRB bureaucrats from being removed by the President.
Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality
July 31, 2024 // If the lawsuits ultimately succeed and the NLRB is dismantled in whole or in part, we may see a dramatic transformation of the way union organizing, elections, and worker and union disputes are decided under the National Labor Relations Act (NLRA). We will continue to monitor developments in these cases, as well as the expected wave of challenges to the NLRB’s rules and positions.
NLRB Judge Rules Against Amazon CEO’s Comments
May 3, 2024 // The problem with the ALJ’s mind-bendingly distorted reasoning is type of speech Jassy used is specifically protected by the NLRA, which states: “The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit.” And Jassy’s statements did not include threats of reprisal or force or promise of benefit. Moreover, try as the NLRB might to make their legal gymnastics seem legitimate, there’s also the matter of the First Amendment. What’s really going on here is that the NLRB’s General Counsel and the ALJ simply don’t like that Amazon’s CEO offered his opinion about unionizing, which is his right whether they like it or not.
Op-ed: Diversity, equity, and exclusion: How the NLRB’s double standard on job-related speech hurts workers
March 22, 2024 // The NLRB in 2020 required Amazon to reinstate a male worker who had used a bullhorn to call a female colleague a “gutter bitch” and “crack ho,” among other misogynistic insults. The bullhorn-wielding worker had been engaged in a one-man union protest when the female co-worker told him to quiet down. The union activist replied with a string of insults that would be clear proof of a hostile workplace under any other circumstances. The NLRB nevertheless sided with the union activist, as it usually has in such situations. The board has long believed that allowances must be made for heated rhetoric when workers are engaged union-related activities. So, you cannot question a workplace diversity policy publicly at work and you cannot criticize the policy outside of work in the private-yet-public world of social media. Either one can get you fired for creating a hostile work environment. But a male worker can be openly hostile and insulting to female co-workers if the man is affiliated with a union.
Starbucks could be forced to bargain with workers who rejected union
January 25, 2023 // A U.S. labor board official is seeking a rare order requiring Starbucks Corp (SBUX.O) to collectively bargain with workers at a Florida store, even after they voted against unionizing by a nearly two-to-one margin. The regional director of the National Labor Relations Board's Tampa, Florida office filed a complaint on Tuesday claiming unlawful threats, retaliation and surveillance by Starbucks managers were so severe that holding a new election at the store would be futile.
A judge ruled that Amazon must reinstate a Staten Island worker who was fired.
April 19, 2022 // "We strongly disagree with this ruling and are surprised the N.L.R.B. would want any employer to condone Mr. Bryson's behavior," Kelly Nantel, a company spokeswoman, said in a statement. "Mr. Bryson was fired for bullying, cursing at and defaming a female co-worker over a bullhorn in front of the workplace."