Posts tagged Constitution
The Texas Case That Could Bring Down the NLRB
June 13, 2026 // That’s the reality of a May decision by a U.S. district court in Fort Worth in the case Aunt Bertha v. National Labor Relations Board. The court ruled that the NLRB – the main government agency overseeing union organizing and collective bargaining in the private sector – is unconstitutional on multiple counts. This case seems destined to head to the Supreme Court, and if it does, Congress may have to rewrite federal labor law to meet workers’ needs in the 21st century.
Federal lawsuit challenges New Jersey’s discriminatory hiring mandates and forced union speech requirements
May 3, 2026 // Contractors who do not meet the race- and sex-based hiring goals must either enter a referral agreement with a union—obtaining assurances that the union will supply the required minority workers—or complete 25 separate compliance actions. This structure pressures contractors to work through state-favored unions even though their employees chose Earle precisely because of its open-shop structure. The Fourteenth Amendment’s Equal Protection Clause explicitly forbids race- and sex-based classifications.
Op-ed: A bipartisan bill that would hurt employers and unions
April 12, 2026 // The bill would mandate that workers sometimes be subjected to labor contracts that they never vote for. The idea is to reduce the amount of time it takes between a union being recognized as the collective bargaining agent in a workplace and the enactment of an agreement. The National Labor Relations Act requires recognized unions and employers to negotiate in good faith, but it does not say how long that negotiating may last. In some cases, it can last years.
Op-ed: Trump restores America’s control over Washington
February 12, 2026 // President Trump is all too familiar with this injustice. In his first term, senior bureaucrats repeatedly used their power to prevent his priorities from becoming policy. They slow-walked reforms at the Department of Education, refused to prosecute civil rights cases, and circumvented a federal hiring freeze—to name just a few examples. At the start of the second Trump administration, a poll found that 75 percent of federal managers who voted for Kamala Harris planned to disobey instructions they don’t like. But public servants are supposed to serve the public, even if they disagree with the party the public elected. In the private sector, workers could be fired for not doing their job. But until now, presidential administrations couldn’t hold senior bureaucrats accountable because federal rules made them effectively untouchable. While Democrats outnumber Republicans two to one at federal agencies, conservative career officials could also refuse to implement a liberal president’s agenda.
Labor standoff at LA’s Loyola Marymount University a battle over Catholic teaching
February 1, 2026 // On the pages LMU published profiling the dispute, the institution defends its action by stating “invocation of the religious exemption is lawful, grounded in the U.S. Constitution, and consistent with Supreme Court and NLRB precedent. This right cannot be waived and may be exercised at any point.” “The Board reached this decision to protect LMU’s Catholic mission, its students, and its long-term sustainability,” Griff McNerney, LMU’s senior director of media and public relations, told OSV News in an e-mailed statement. “After months of discernment, trustees concluded that direct partnership with faculty — without SEIU’s involvement — would enable faster, more mission-aligned progress toward shared goals.” McNerney noted, “From December 2024 to Summer 2025, LMU reviewed 39 proposals and made counterproposals, none of which were accepted by the union.”
NLRB Challenges California’s AB 288 as Preempted by Federal Law
October 22, 2025 // The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution. As discussed in our prior update here, California recently joined New York in passing legislation that would allow state agencies to assume powers delegated to the NLRB by Congress
Judicial Watch Urges Federal Probe of Minneapolis Schools’ Union Contract Over Constitutional Concerns
September 8, 2025 // Judicial Watch requests the Office for Civil Rights investigate Article 15 of the collective bargaining agreement between the Minneapolis Public Schools, Special District No. 1 (“MPS”) and the Minneapolis Federation of Teachers Local 59. The contract violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. Article 15 exempts teachers of color from MPS’s seniority-based layoffs and reassignments, which means, when layoffs or reassignments occur, the next senior teacher who is not “of color” would be laid off or reassigned. The contract also mandates that MPS reinstate teachers of color over more senior teachers who are not “of color.” Prior to the contract, teachers were laid off or reassigned in order of seniority, with the least senior teachers laid off or reassigned first, without regard to race or ethnicity.
Judicial Watch Urges Federal Probe of Minneapolis Schools’ Union Contract Over Constitutional Concerns
September 5, 2025 // Judicial Watch announced today it wrote letters to the Offices of Civil Rights in the Departments of Education and Labor requesting they investigate the collective bargaining agreement between the Minneapolis Public Schools and the Minneapolis Federation of Teachers. The letters point out that the contract violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution.
Commentary: To Harvard and Back with Julie Su
August 18, 2025 // This year, Julie Su, Joe Biden’s pick for secretary of labor, became a resident fellow with Harvard’s Kennedy School, Institute of Politics. The Century Foundation also brought Su on board as a full-time senior fellow. These prestigious institutions seem to have overlooked key events in Su’s long career. Harvard, where Su, a Stanford grad, earned her law degree, hails the Biden nominee as “a nationally recognized workers’ rights and civil rights expert.” As California’s labor commissioner, Su was “widely credited with a renaissance in enforcement and creative approaches to combating wage theft and protecting immigrant workers.” In reality, her experience was a bit more extensive.
Court allows Trump to end union bargaining for federal workers
August 5, 2025 // Trump's order exempted more than a dozen federal agencies from obligations to bargain with unions. They include the Departments of Justice, State, Defense, Treasury, and Health and Human Services.