Posts tagged constitutionality
Amazon and Elon Musk’s SpaceX challenge labor agency’s constitutionality in federal court
November 20, 2024 // Attorneys for Amazon and Elon Musk’s SpaceX argued in a federal appeals court Monday that the National Labor Relations Board’s structure is unconstitutional, advancing a legal fight that may last into the Trump administration where Musk is expected to oversee bureaucratic cost-cutting. A panel of three judges at the 5th U.S. Circuit Court of Appeals in New Orleans heard separate oral arguments in the SpaceX and Amazon lawsuits, which the two companies initiated after the labor agency filed complaints against them in disputes about workers’ rights and union organizing.
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.
California Transportation Worker Files Lawsuit Challenging Constitutionality of National Labor Relations Board
June 17, 2024 // Lawsuit joins challenges by three other employees against NLRB on grounds that structure of agency violates Article II of the Constitution
Florida: State officials sued by education unions over SB 256
May 22, 2023 // SB 256 outlaws requiring the state to deduct union dues, restricts the freedom of educators and other working people to join unions, forces local unions to undergo monitoring, and requires that an arbitrary 60% supermajority of eligible employees pay dues in order for a union to exist. “Dues will no longer be deducted from their paycheck along with Medicare, Medicaid, Social Security, and taxes,” Brown told the Florida Record. “Union dues don't belong on there anyway. The state should not be collecting money on behalf of private organizations anymore. Unions can just call their members and get their credit card information, their bank account and have it set up as a direct payment that way if they would like to.” Defendants include Donald J. Rubottom, chair of the Florida Public Employees Relations Commission, Jeff Aaron, commissioner of the Florida Public Employees Relations Commission, and Michael Sasso, commissioner of the Florida Public Employees Relations Commission.
Quin Hillyer: New Orleans should not put public-sector union power into law
May 22, 2023 // Credit Sarah Harbison, general counsel for the Pelican Institute, for flagging the well-intentioned but misguided proposal by Council Vice President Helena Moreno. “Collective bargaining agreements (CBAs) are typically negotiated in secret and remain in effect for years at a time,” Harbison wrote May 11. “They generally govern pay, working conditions, and establish a reduction in force protocol that typically retains workers based on seniority rather than merit.” Union CBAs can be fine things in many instances in private enterprise, but even famously liberal President Franklin D. Roosevelt and longtime AFL-CIO union leader George Meany fiercely argued that unionizing should be anathema for public bureaucracies. Meany said that it is “impossible to bargain collectively with the government,” and Roosevelt explained that “the process of collective bargaining … cannot be transplanted into public service.”
Michigan House passes right-to-work repeal in party-line vote
March 10, 2023 // Repeal bills still need to pass the Michigan Senate and be signed by Gov. Gretchen Whitmer to become law News Story Michigan House passes right-to-work repeal in party-line vote Repeal bills still need to pass the Michigan Senate and be signed by Gov. Gretchen Whitmer to become law By James David Dickson | March 8, 2023Share on FacebookShare on Twitter Wednesday night, the Michigan House passed two bills that would repeal right-to-work protections for union members. (Screenshot: Michigan House TV) By a 56-53 vote, with one Republican absent, the Michigan House on Wednesday approved both House Bill 4004 and House Bill 4005, which would repeal the state right-to-work law. House Bill 4004 would repeal right-to-work protections for public sector workers such as teachers. That bill is expected to face constitutional challenges if signed into law, given that it violates the protections for public sector workers recognized by the U.S. Supreme Court’s 2018 ruling in Janus v. AFSCME.
Should Legislative Aides Unionize?
March 22, 2022 // The constituents who were not being served by their Washington State Democratic lawmakers while the staff staged a work stoppage paid a price even before unionization could take effect at the state capitol. Imagine if a strike lasted more than a day or two, while legislative staffers carried out a union’s bidding rather than the work they were hired to do by the elected official and the American voter. And therein lies another issue entirely: Unions do not answer to the voters.