Posts tagged due process
Labor unions, faculty associations sue Trump administration over demands to UCLA
September 17, 2025 // UCLA would also be expected to make a statement that it no longer recognizes the identities of transgender individuals, end gender-affirming care for minors at its medical facilities, offer female-only housing and “make clear through the statement and on its website that it does not welcome transgender people on sports teams,” as part of the deal, according to the LA Times. Diego Emilio Bollo, the president of the Undergraduate Students Association Council, said he believes the federal government is withholding the funds in an attempt to coerce the university to compromise its values – including those of academic freedom, free speech and equity. He added that USAC is “incredibly thankful and in support” of the lawsuit.
Mackinac Center Joins Amicus Brief Challenging Private Delegation of Government Regulatory Authority
February 13, 2025 // The amicus brief, filed alongside the Institute for the American Worker and the Pelican Institute for Public Policy, argues that delegating regulatory power to private industry groups violates the nondelegation doctrine and due process protections. The case before the Supreme Court challenges the FCC’s reliance on the Universal Service Administrative Company, a private, industry-run entity, to set and administer fees collected from telecommunications companies. These fees are ultimately passed on to consumers. The Fifth Circuit Court of Appeals found this structure unconstitutional, ruling that it improperly allows private entities to exercise government power.
For federal employees, remote work ought to be exception, not rule
February 9, 2025 // But the public sector is a different ballgame. Whereas most private sector employees can be fired at any time and for any reason, the process for firing federal workers is intentionally onerous. Federal employees' right to "due process" means that employers must give them a 30-day advance notice and explanation of alleged misconduct before a termination can go into effect. Federal employees then have the right to appeal the firing to an independent agency, retain independent counsel, file a complaint with the Office of Special Counsel, and then be reinstated with back pay and benefits should the appeal succeed.
Maine police unions push back over new oversight rules
October 12, 2024 // The Maine Criminal Justice Academy, which certifies the state's police and correctional officers, is considering new regulations that would discipline officers for behavior such as harassing civilians, falsifying written or verbal communications in official reports, possessing a controlled substance and engaging in conduct while on duty that would "significantly diminish the public’s confidence" in law enforcement. The new regulations, which have broad support from top law-enforcement officials, come three years after the state Legislature approved plans to expand the academy’s disciplinary powers and provide the public with more information about misconduct by police and corrections officers. However, in recent comments to the agency, the Maine Association of Police and Maine State Law Enforcement Association expressed "alarm and concern" about the proposed rules. They said the changes "shock the conscience of the already established, clear statutes, regulations and processes that are already custom and practice and very much effective."
Beware the labor regs of March!
March 11, 2024 // A new rule from the federal government meant to protect workers is set to take effect today, March 11. It will instead leave most workers worse off by limiting their options for employment. Businesses will likely pull back from hiring entirely in many cases because the rules make it too risky. The rulemaking in question is the Labor Department’s (DOL) worker misclassification rule. The stated intent is to prevent situations where employers exploit workers. The rule is extremely vague on when business activities trip the line to exploitation however. DOL essentially leaves it up to federal regulators to decide. The rules won’t change things overnight. Regulators will still have to pursue cases based on them and court fights are sure to follow. But today is the day the mischief will officially start.
Unions Against Teachers
August 29, 2023 // Many teachers comply, despite disagreement with the union, simply to avoid perceived or actual liability. Among those who don’t, many would rather quit than get dragged to court or end up in the local news over a political dustup.
VA workers union ‘hammering away’ at negotiations for first new contract in 10 years
June 21, 2022 // The articles touch on protections from employee disciplinary action and separation, the allocation of awards and the elimination of supplemental agreements for local unions. The American Federation of Government Employees National Veterans Affairs Council so far discussed four articles, two of which are in contention: discipline and awards. Secretary of Veterans Affairs, Denis McDonough, Thomas Dargon, health care, law enforcement, research, mechanics, corrections,