Posts tagged federal labor law
THE TRUMP EFFECT: DARTMOUTH HOOPERS WON’T BE UNIONIZING!
January 3, 2025 // The fight to deem athletes employees isn’t over yet. The Johnson v. NCAA case over athlete employment status is still pending in the federal court system, and a growing chorus of coaches and players (including those involved in the House v. NCAA settlement) have begun to call for collective bargaining. The NCAA and power conferences will continue their multimillion-dollar lobbying push in Congress to pass a law deeming athletes amateurs for good. Their chances of succeeding will be higher with a Republican majority in both houses and Sen. Ted Cruz (R., Texas) as head of the Senate Commerce Committee—though not guaranteed. Labor unions could also mount a lobbying push against the NCAA.
CWA Local 7901 emerges from trusteeship
December 26, 2024 // Local 7901 was placed in trusteeship in August 2023 at the request of three of its area vice presidents. A trusteeship is the suspension of local elected leaders by a national union, which then appoints trustees to temporarily take charge. Trusteeships are regulated by federal labor law and are supposed to restore democratic procedures, correct corruption or financial malpractice, or rebuild a union that’s failing to perform basic functions.
Unionization of 1199SEIU’s own staff exposes internal tensions
November 22, 2024 // The in-house staff union has a formal unfair labor practice charge pending with the National Labor Relations Board over Hemmings’ termination. A second pending charge alleges that 1199SEIU officers were unlawfully polling employees to gauge their support for the in-house staff union. Another accuses 1199SEIU of changing a policy around paid leave and remote work, in violation of “status quo” protections for employees.
Starbucks Barista Asks Labor Board to Overturn Regional Official’s Decision to Continue Blocking Vote to Remove Union
November 21, 2024 // Smith’s appeal challenges the regional NLRB’s refusal to reinstate her decertification petition, which it is still stonewalling despite the resolution of SBWU union officials’ charges against Starbucks that were ostensibly the justification for blocking the workers’ petition for a vote to remove the union. Smith argues that the decision is inconsistent not only with the Board’s past reasons for holding up the petition, but also with workers’ right under federal labor law to promptly have an election to remove a union they do not want.
Commentary: Plan B is Activated
November 19, 2024 // They are now turning to Plan B, which is sectoral organizing. And they notched a big win in the recent election with a ballot proposition in Massachusetts—a win that the mainstream media is heralding as a good thing. In fact, the same pro-union media bias that we saw with reclassification attempts such as Assembly Bill 5 and the PRO Act is simply resetting and restarting anew. Now, it’s being used to promote this other way of trying to limit self-employment.
How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB’s Future
November 19, 2024 // The NLRB’s policy agenda is almost certain to shift. The new General Counsel will likely take a different approach to several key labor issues that the current NLRB has made a priority. For example, current General Counsel Abruzzo pursued aggressive enforcement actions against restrictive covenants, like non-compete and nonsolicitation agreements, following her May 2023 memo where she articulated her view that restrictive covenants like non-competes “generally violate federal labor law.” The new General Counsel will almost certainly halt enforcement of this position and several others when the new administration takes control.
Long Island Healthcare Employee Charges Union Officials With Illicit Attempt to Prevent Workers from Voting Union Out
November 15, 2024 // Brief: 1199SEIU officials engaged in backchannel communications with federal labor board to block vote; same union is facing ouster effort by NJ workers as well
SoCal AT&T Employee Hits Company and CWA Union With Federal Charges for Illegal Collusion to Unionize Workers
October 22, 2024 // Charge: Union left after employees demanded vote to kick union out; now back as unlawful ‘company union’ under backroom deal
Color Of Change ordered to reinstate illegally laid off workers and pay back wages after NLRB Ruling
September 27, 2024 // Color Of Change, one of the nation’s largest racial justice nonprofits, illegally laid off workers in mid 2023, but the NLRB found that the organization, represented by Seyfarth Shaw, did not meet its obligation to notify and bargain with the union before taking action. It’s illegal for organizations to lay off workers after they unionize prior to winning a first contract, a period called status quo.
Employment Law Landscape Could Change After Election
September 16, 2024 // During the Trump administration the NLRB majority narrowed the scope of the National Labor Relations Act in several key respects and established a more neutral approach to union organizing. The Biden/Harris administration, which styled itself as the “most union-friendly in history,” reversed virtually all of the Trump-era policies, significantly expanded the scope of the law, and tilted the organizing landscape in favor of organized labor, Hayes said.