Posts tagged amicus brief
Supreme Court to Ponder Union Rights for National Guard Techs
January 10, 2023 // The US Supreme Court will hear oral argument over whether to strip federal-sector labor law rights from the National Guard’s dual-status technicians, a unique type of federal employee who works for state militias. The justices on Monday will review a federal appeals court decision blessing the Federal Labor Relations Authority’s jurisdiction over a dispute stemming from the Ohio National Guard’s attempt to oust an American Federation of Government Employees affiliate that represents Guard technicians. The high court is hearing Ohio’s bid to evade federal oversight—an obstacle to ejecting the AFGE affiliate—despite agreement among all six federal appeals courts that have ruled on the issue.
SCOTUS Should Rein in Rogue Federal Labor Board in Ohio National Guard Case
November 21, 2022 // Americans for Fair Treatment (AFFT) today filed an amicus brief before the U.S. Supreme Court in Ohio Adjutant General’s Department v. Federal Labor Relations Authority. This little-known case could rein in a rogue federal labor board that has dramatically expanded the definition of a federal agency and ignored public employees’ First Amendment rights—all to benefit public-sector union officials. The case concerns the Ohio Adjutant General’s authority to determine Ohio National Guard technicians’ conditions of employment, including collective bargaining rights. In 2016, the Adjutant General announced that he would stop abiding by a two-year-expired collective bargaining agreement (CBA) with the American Federation of Government Employees, the union that previously represented National Guard technicians. The Federal Labor Relations Authority (FLRA) then ruled on the union’s behalf in an unfair labor practice charge, ordering the Adjutant General to reinstate the union and abide by the expired CBA.
THE SYSTEMIC RACISM OF TEACHERS UNIONS
November 21, 2022 // Last week, the U.S. Supreme Court heard oral arguments in a case that could reverse the 2003 Grutter v. Bollinger decision, in which SCOTUS asserted that the use of an applicant’s race as a factor in an admissions policy of a public educational institution does not violate the Equal Protection Clause of the Fourteenth Amendment. The current case specifically cites the use of race in the admissions process at Harvard and the University of North Carolina. The plaintiffs, Students for Fair Admissions, maintain that Harvard violates Title VI of the Civil Rights Act, “which bars entities that receive federal funding from discriminating based on race, because Asian American applicants are less likely to be admitted than similarly qualified white, Black, or Hispanic applicants.”
Worker Advocate Files Supreme Court Brief Opposing Union Boss Attempt to Evade Liability for Property Damage
November 8, 2022 // . Union officials also have the privilege to foist monopoly “representation” over all workers in a workplace regardless of whether they are union members or voted for the union in power. Probably the most abusive union boss privilege of all is the power to force employees in non-Right to Work states to pay union dues or fees just to stay employed, while maintaining monopoly bargaining control in a workplace with no effective term limits. “This Court should treat unions like all other citizens or entities, clarifying that they can be liable for damages in state courts under ‘the common law rule that a man is held to intend the foreseeable consequences of his conduct,’” the brief concludes.
FREEDOM FOUNDATION FILES AMICUS BRIEF WITH THE FLRA IN UNION DECERTIFICATION CASE
September 22, 2022 // In an amicus brief recently submitted to the Federal Labor Relations Authority (FLRA), the Freedom Foundation supported a federal employee seeking to establish that the agency’s rules impermissibly limit the ability of her and her colleagues to decertify an unwanted union.
NLRB Partners With Justice Department To Protect Workers from Antitrust, Labor Law Violations
July 27, 2022 // Through greater coordination in information sharing, enforcement activity and training, the two agencies will maximize the enforcement of federal laws, including the labor laws under the NLRB’s jurisdiction and the antitrust laws enforced by the Justice Department’s Antitrust Division, the DOJ’s release states. right to organize, Assistant Attorney General Jonathan Kanter,
CPC files amicus brief to protect Californians’ right to the ballot initiative
June 6, 2022 // AB 5’s backers, primarily union leaders and their allies in the state legislature, said gig workers would get health insurance, rest breaks, and other benefits afforded to employees under California state law. Those union leaders did not mention that those drivers would lose what’s arguably the most attractive feature in their bargain with Uber and Lyft: the freedom to determine their work schedules. Castellanos v. California, Lorena Gonzalez, Proposition 22, Judge Frank Roesch,
Court Should Recognize That Unions Cannot Charge Nonmembers Grievance Fees
April 7, 2022 // Workers who do not belong to a union cannot be charged grievance fees, according to an amicus brief submitted today by the Mackinac Center for Public Policy to the Michigan Supreme Court. This is the second time in a year that the Michigan Supreme Court specifically requested an amicus brief from the Mackinac Center.
National Retail Federation asks Congress to investigate the National Labor Relations Board (NLRB) General Counsel’s suit against Amazon.com,
April 2, 2022 // On March 17, 2022, the NLRB General Counsel filed suit in the U.S. District Court for the Eastern District of New York seeking reinstatement of a former employee at Amazon’s Staten Island facility who was fired nearly two years ago for shouting sexually charged and profane obscenities at a female coworker over a bullhorn at their shared workplace. As seen in video evidence, this individual called his female coworker a “gutter bitch,” “ignorant and stupid,” “crack-head ass,” “crack ho,” and “queen of the swamp” and accused her of being “high” and on “fentanyl.”