Posts tagged Constitution
Unions, cities, nonprofits sue to block Trump workforce cuts
May 1, 2025 // Musk has tempered his original goal for DOGE to slash $1 trillion from government spending, saying this month it was on track to cut $150 billion this year. The Trump administration has faced more than 200 lawsuits challenging its policies, with a significant number calling the president's directives unconstitutional. The case is American Federation of Government Employees, AFL-CIO et al v Trump et al, U.S. District Court, Northern District of California, No. 25-03698.
Backgrounder: Trump Civil Service Reform Proposed Rule
April 27, 2025 // On April 23, 2025, OPM proposed a new rule to improve accountability for federal career employees, especially those in policy roles. The rule implements President Trump’s Executive Order 14171, which he signed on his first day in office. Executive Order 14171 explicitly directed OPM to render civil service regulations implemented during the Biden administration inoperative, citing the President’s authority to manage the executive branch. Among other things, the rule would create a new job category called Schedule Policy/Career in the excepted service for policy-influencing positions, making them at-will employees and, therefore, meaningfully accountable for their performance and conduct.
US Supreme Court clears way for Trump to remove two Democratic members of labor boards for now
April 10, 2025 // Trump's efforts to remove Harris have threatened to leave the board without a two-seat quorum - making it unable to decide cases - after the term of Democratic member Raymond Limon expired on February 28. In ruling in favor of Harris, Contreras said the statutory protections for board members from being removed without cause conform with the Constitution in light of a 1935 Supreme Court precedent in a case called Humphrey's Executor v. United States. In that case, the court ruled that a president lacks unfettered power to remove commissioners of the U.S. Federal Trade Commission, faulting then-President Franklin Roosevelt's firing of an FTC commissioner for policy differences.
Op-ed: Josh Hawley’s union-friendly bill may open the door to right-to-work
March 17, 2025 // Hawley, who opposes right-to-work laws, may be inadvertently laying the groundwork for a national version of that same policy, protecting private-sector workers across America from getting fired for not paying union fees. Hawley’s Faster Labor Contracts Act—which the Teamsters union has already endorsed—is billed as a means of stopping employers from delaying negotiations with labor unions. Under current law, businesses and unions are required to negotiate in good faith, and there’s no deadline for an agreement because workers and job creators need time to reach the best deal.
NY Starbucks Baristas File Amicus Brief Opposing Reinstatement of Biden-Appointed NLRB Member Removed by President Trump
March 13, 2025 // Starbucks employees have pending federal lawsuit challenging NLRB structure as unconstitutional, argue they could be harmed if member’s removal is blocked
Official Fired By Trump Returns To Work To Cheers After Judge Orders Reinstatement
March 11, 2025 // Wilcox filed a lawsuit seeking reinstatement, arguing her removal was unlawful. Judge Beryl A. Howell agreed with Wilcox, issuing an order last Thursday ensuring her temporary return to the agency as the underlying case moves forward. In a stinging opinion, Howell wrote that Trump failed to grasp the Constitution’s limits on executive power.
Op-ed: As unions fight reform, Trump should assert executive power
February 26, 2025 // Unfortunately, for decades, unions and their collective bargaining agreements have hamstrung presidents and the people they’ve chosen to run federal departments and agencies in all the wrong ways. Under a bill President Carter signed in 1978, the president cannot simply reject a proposed union agreement but must go before the Federal Service Impasses Panel, or arbitrator that can make him accept terms he doesn’t want. Also, union agreements prevent incompetent or unethical employees protected by a union from being fired or even having negative notes placed in their files without notice and an opportunity to bring grievance proceedings, where unions will back even the least deserving member to the hilt.
Austin Worker Files Federal Constitutional Challenge Against Biden-Harris Labor Board
November 4, 2024 // Dallas Mudd, an employee of Aunt Bertha (d/b/a FindHelp), has launched a federal lawsuit against the National Labor Relations Board (NLRB) on the grounds that the agency’s structure violates the U.S. Constitution. National Right to Work Legal Defense Foundation staff attorneys representing Mudd filed the suit in the U.S. District Court for the Northern District of Texas. The lawsuit joins a string of cases challenging the NLRB’s structure on separation of powers principles.
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.”