Posts tagged Fifth Amendment
New lawsuit scrutinizes Hegseth’s implementation of Trump’s anti-union EO
July 30, 2025 // While previous lawsuits argued simply that President Trump’s citation of the 1978 Civil Service Reform Act’s so-called “national security exemption” en masse violated federal regulatory law, a new suit from IFPTE drills down on the Defense secretary’s implementation of the controversial edict.
Amazon labor organizers challenge union election loss, alleging employer coercion
May 14, 2025 // The union campaign at Garner’s RDU1 warehouse lost by a wide margin earlier this year. Organizers say they faced retaliation and a massive “union-busting” effort.
Union sues DHS to protect TSA screeners’ collective bargaining rights
March 18, 2025 // The lawsuit accuses the Trump administration of violating the Administrative Procedure Act’s prohibition on “arbitrary and capricious” decision-making, as well as breaching their contractual obligations under the 2024 collective bargaining agreement and in so doing, violating union members’ due process rights under the Fifth Amendment. The union also brings a First Amendment claim, arguing that the Trump administration’s decision to revoke TSA screeners’ collective bargaining rights was in retaliation for the union’s other lawsuits against the executive branch, most notably their challenge of the mass firing of probationary workers across government. A federal judge on Thursday issued a preliminary injunction in that case, requiring agencies to reinstate tens of thousands of improperly terminated workers.
Amazon becomes latest company to argue US labor board is unconstitutional
February 20, 2024 // Amazon has become the latest company to argue that the structure of the National Labor Relations Board (NLRB) violates the U.S. Constitution, following the lead of SpaceX and Trader Joe’s. The e-commerce giant claimed in a recent filing that the labor board’s case, which accuses the company of illegally retaliating against unionizing workers, should be dismissed because the board itself is unconstitutional. Amazon argued that the NLRB’s structure “violates the separation of powers” because administrative law judges and board members are largely insulated from presidential oversight and removal, “impeding the executive power” provided in Article II of the Constitution.
The Cyberpicket: A New Frontier for Labor Law
June 12, 2023 // a cyberpicket would alert potential customers to a labor dispute and put them to the choice of whether to continue transacting with the business. Instead of encountering rows of workers outfitted with signs and pamphlets, however, e-shoppers would come across a notification that materializes at a site’s landing page — the business’s “entrance.” The technology needed to implement a cyberpicket breaks no new ground. In fact, it’s already widely utilized by online businesses for compliance with the European Union’s (EU) “Cookie Law,” which requires that websites give visitors the right to refuse data tracking.14 So-called “consent banners” — now familiar fixtures for netizens across the pond15 — present a tried-and-true template for the cyberpicket. Not only is the cyberpicket a viable alternative to its in-person counterpart, it’s a right owed to employees of online businesses. This Note sharpens the concept of a cyberpicket by expanding on its legal justification, expected benefits, and possible challenges.
The Nation’s Largest Teachers’ Union Is Bleeding Members With a Shady Investment Scheme
January 18, 2023 // For more than 17 years, the National Education Association (NEA) has been siphoning off millions in kickbacks for exploiting its members’ trust and convincing them to invest in annuities and other investment vehicles that charge outrageous fees and underperform compared to similar plans available on the open market.