Posts tagged due process

    Micheal Alcorn: What the new NLRB majority should do for workers like me

    September 8, 2026 // Federal law guarantees workers the ability to hold elections, both to unionize and to remove unions through decertification. But under the Biden administration, the NLRB handed union officials the power to delay decertification elections. All a union has to do is file a charge alleging the employer violated federal law somewhere along the way, and the vote stops in its tracks. The workers’ right to a decertification election is simply taken away. Workers who signed their names asking for the vote are made to watch as their petition sits idle. Meanwhile, the blocking charge winds through investigation and litigation — a process that can drag on for years. The union that workers wanted to remove stays in place the entire time.

    Federal employees face reality of Schedule Policy/Career

    July 8, 2026 // Trump administration officials have said the creation of Schedule Policy/Career aims to improve employee accountability and ensure the federal workforce is carrying out the president’s policy agenda. A senior administration official last month told reporters, “As long as employees are performing their job duties in a competent, professional manner,” then reclassified federal employees “have nothing to be afraid of.”

    I Asked My Florida Teachers Union for Basic Records. Then They Expelled Me.

    June 17, 2026 // Thankfully, the Florida Public Employees Relations Commission ruled I’d been wrongfully expelled. The union filed an appeal just before the deadline, but the Commission’s clear ruling confirmed what should have been obvious from the start: that my expulsion was unlawful.

    Why Would Any Republican Support Forced Unionism?

    June 9, 2026 // What makes this even more shocking is that President Trump has proposed completely eliminating the Federal Mediation and Conciliation Service, which the bill would supercharge. The president understands that contracts imposed by government bureaucrats are more likely to be based on political than economic logic, and that negotiations are better left to the private parties. Ironically, government-imposed contracts are likely to harm the workers whose union bosses are pushing this idea. Because when economics don’t add up, it’s the workers who pay in layoffs, reduced hours and the diversion of capital investments that would have raised productivity. This risks broader economic disruption by creating a threat perception that, at any time, a single union request could trigger a government-enforced contract clock. That perception would tend to chill hiring and investing, especially by smaller businesses that can’t afford to fight out an arbitration battle.

    The Faster Labor Contracts Act disempowers workers

    June 1, 2026 // The bill’s most obvious defect is its egregious misnaming. Whatever is produced by statutorily compelled arbitration cannot be correctly characterized as a contract at all. A contract results from parties negotiating, compromising, and voluntarily agreeing to terms each can accept. That process is precisely what gives contracts legitimacy and durability. The Faster Labor Contracts Act abandons that principle. Under its framework, if the parties fail to reach agreement within the prescribed period, federal arbitrators impose terms neither side may actually want. This is not a contract; it is coercive government regulation.

    Commentary: NLRB General Counsel Denial Highlights Urgent Need for Labor Law Reform

    January 13, 2026 // AFFT filed this case to defend a basic principle: workers must be free to decide whether to support or oppose unionization without coercion, intimidation, or political pressure. Those rights should apply equally, regardless of the political influence or ideology of the organization involved. This case is not just about the DNC or the New Georgia Project. It is about a system that grants unchecked discretion to a single political appointee, leaving workers with no meaningful recourse. That is not how a fair labor system should operate.

    VIDEO: CPAW Launches New Ad Spotlighting a Pro-Worker Course Correction at the NLRB Under the Trump Administration

    January 13, 2026 // “New Day” draws a clear contrast between the Biden administration’s politicized NLRB that empowered union leadership’s political agendas and President Trump's pro‑worker approach that puts employees back at the center of labor policy. The message is straightforward: it’s a new day for American workers, with an NLRB focused on fairness and freedom in the workplace.

    Protected Wage Talk: Ninth Circuit Reaffirms Employees’ Right to Discuss Wages

    December 9, 2025 // The court also addressed several constitutional challenges raised by NMFA, including the NLRB's for-cause removal protections, adjudication scheme, and combined investigatory and adjudicatory powers. However, it found no merit in NMFA's argument that the NLRB's combined investigatory and adjudicatory functions violated the Fifth Amendment right to due process. The court noted that the NLRB's structure separates investigatory and adjudicatory functions between the General Counsel and the Board, respectively, and NMFA failed to demonstrate any unconstitutional potential for bias.

    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.