Posts tagged Constitution
Musk Wins Appeal Over Tweet He Had to Delete About Union Push
October 28, 2024 // Friday’s ruling arose from an incident in 2017 when Mr. Ortiz was involved in an effort to unionize the Tesla plant in Fremont, Calif. As part of the campaign, he posted screen shots of co-workers who opposed unionization on a private Facebook page. When an investigator for Tesla questioned Mr. Ortiz about the photos, he said he couldn’t remember where he had gotten them, which he later acknowledged was a lie. Tesla then fired him, with lying cited as the cause. A labor board investigation found that Mr. Ortiz had been fired because of his unionization campaign, not because of his false statement.
Commentary: Democracy Is at Risk and on the Ballot in November Employee and Employers Are at Risk
October 27, 2024 // With membership down to a little more than six percent in the private sector, unions have grown desperate. They have run a highly effective PR campaign to reinvent themselves as human rights groups, appealing to the millennials and the plurals which are making up the workforce. As Vincent Vernuccio has recently written in his report, “Unions Need Democracy, “private sector unions are becoming less democratic and representative — even as they claim to represent all workers at unionized worksites. Ninety-five percent of union members in the private sector never had the opportunity to vote to be in the union.”
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.
End of an era: California Trucking Association dropping appeal against AB5
August 23, 2024 // The high-water mark of CTA’s fight came on New Year’s Eve 2019 when Judge Roger Benitez of the U.S. District Court for the Southern District of California handed down an injunction blocking AB5’s enforcement against trucking in the state. But from that point, the CTA suffered a series of losses. An appellate court in a 2-1 decision overturned the injunction in April 2021. The CTA took the appeal to the Supreme Court, which denied review in June 2022 and kicked the case back to the District Court.
Some Workers Try to Free Themselves from Unionization, Biden Officials Try to Dragoon More In
January 5, 2024 // If the union loses the election, it often files an “unfair labor practice” charge against the company, seeking to invalidate the election. It used to be that after such a charge (assuming that an NLRB administrative law judge found it credible, which was usually the case), the remedy would be to order a new election. But now, the NLRB is making the remedy an order that the union has “won” and that the company must bargain with it. (Compulsory bargaining is another concept that’s contrary to the freedom that common law protected.) That was the ruling in I.N.S.A, Inc. This is “administrative law” at its worst. Under the Constitution, Congress, not unelected bureaucrats, is supposed to make the laws. But Biden’s pro-union appointments to the NLRB are determined to make the law under the guise of “interpreting” the NLRA. This ruling will lead to more compulsory unionism.
Freedom Foundation bundles FIVE FORGERY cases into one appeal to the U.S. Supreme Court:
October 5, 2023 // Abernathy said. “First, there’s abundant case law showing that, in cases like this, the union is treated as a state actor and can be held accountable for its actions. And secondly, the Supreme Court had already ruled that dues can’t be deducted by either the state or the union without the employee’s consent. It doesn’t matter what state laws say. The U.S. Constitution takes precedence.” The Supreme Court has declined to consider several similar cases in recent years, Abernathy said, but the justices can only tolerate the lower courts’ errors for just so long. “Unless you enforce it, even a landmark ruling like Janus is just a piece of paper,” Abernathy concluded. “Unions and activist judges have been allowed to act as if Janus never happened since the day it was issued. At some point, the court has to demonstrate that it meant what it said and said what it meant.”
Buffalo Starbucks Worker Files Groundbreaking Lawsuit Challenging Constitutionality of NLRB Structure
October 4, 2023 // Buffalo “Del-Chip” Starbucks employee Ariana Cortes has hit the National Labor Relations Board (NLRB) with a federal lawsuit, arguing that the federal agency’s current structure violates the separation of powers. The lawsuit, filed with the District Court for the District of Columbia, follows Cortes’ challenge to an NLRB Regional Director’s dismissal of her and her coworkers’ petition seeking a vote to remove Starbucks Workers United (SBWU) union officials from their store. Cortes is receiving free legal aid in both proceedings from the National Right to Work Legal Defense Foundation. The lawsuit contends that, because NLRB Board Members cannot be removed at-will by the President, the NLRB’s structure violates Article II of the Constitution. The National Labor Relations Act (NLRA), the law which established the Board, restricts a president’s ability to remove Board members except for neglect of duty or malfeasance. The complaint argues that “[t]hese restrictions are impermissible limitations on the President’s ability to remove Board members and violates the Constitution’s separation of powers. Thus, the Board, as currently constituted, is unconstitutional.”
UNION CONTRACTS TRAMPLE LOUISIANA PUBLIC SCHOOL TEACHERS’ AND EMPLOYEES’ RIGHTS
September 15, 2023 // “These unconscionable agreements restrict teachers’ First Amendment rights, force them to be members of unions against their will, make it difficult to resign from the union, and even prevent them from learning about competing organizations that provide similar benefits to school employees.” In addition to trampling teachers’ First Amendment rights, the Pelican Institute found that CBAs at two Louisiana school systems grant union members who are parents the opportunity to select a different school that fits their children. Proponents of school choice believe that a child’s zip code shouldn’t determine their destiny. Unions seem to agree, but only if they bestow parents with that choice.
OHIO LABOR BOARD FINDS CAUSE TO BELIEVE UNION DISCRIMINATED
September 8, 2023 // By law, OAPSE must represent every worker in the bargaining unit, even nonmembers. Accordingly, it also had the obligation to distribute the money to all employees but, to the surprise of exactly no one, OAPSE refused to pay compensation to the seven employees in the bargaining unit who had resigned their union membership. This was OAPSE’s way of retaliating against the non-union employees for having the audacity to keep their own money in their own pockets instead of funding a union that long ago began prioritizing its political and social agenda over advocating for workers. Unfortunately for OAPSE, retaliating against employees because they exercise their First Amendment rights violates not just the U.S. Constitution, but also Ohio law. For its part, the Southington School District clearly made a bad decision when it entrusted OAPSE with $8,000 in employee compensation, and one certainly does not need hindsight to know that OAPSE would end up discriminating against employees who have the courage to stand up to union bullying.