Posts tagged First Amendment
Governments should protect workers, end cozy relationship with political allies
July 1, 2025 // Unions already collect hundreds of dollars — or more — each year from each member. They should be using that money to support members during strikes, not expecting employers to pay workers not to work. The misguided policy will likely raise costs for public and private employers, harm the majority of workers in the state and weaken the state’s unemployment insurance fund. The government should be neutral between employers and labor, not serve as muscle to force employers to finance a de facto strike fund on behalf of political allies. If lawmakers and public employers truly cared about fairness for workers and the disadvantaged who lose jobs, they’d stop helping unions build political war chests and start giving workers full transparency and choice.
Supreme Court likely to decide fate of federal unions
June 30, 2025 // How the Supreme Court will view the matter is anybody’s guess, though the Roberts Court has shown deference to the executive branch and a willingness to revisit precedent involving public sector unions. In its 2018 Janus v. AFSCME ruling, the court said public sector employees could not be forced to join a union as a condition of employment. Federal government collective bargaining is relatively recent, having only been codified in 1978. The Roberts Court may decide collective bargaining is a privilege, not a right, for federal workers.
Judge rules Trump can’t eliminate federal workers’ union bargaining
June 27, 2025 // Siding with the American Federation of Government Employees (AFGE) and other unions, U.S. District Judge James Donato ruled that President Trump’s executive order letting several federal agencies dispense with union bargaining is likely unlawful. Donato wrote in a 29-page opinion that federal workers have had the right to unionize and collectively bargain for better employment conditions for more than 60 years, and Trump’s order threatened that “long-standing status quo.” The six unions that filed suit “appear to have been deemed hostile to the President,” he said.
Bid Protests Offer a Way Around PLAs, But Will a Slow, Steady Precedent Win the Day?
June 25, 2025 // The OMB memo instructs federal agencies to maintain the labor pact requirements but also points to a Federal Acquisition Rule provision that provides an exception to the PLA requirement for large construction projects when its use would substantially reduce the number of bidders and impact the price. But it has left neither contractor groups nor NABTU happy. "To that extent this isn’t what we hoped for, it is definitely better than what was in place with the Biden administration,” Brian Turmail, vice president of public affairs and workforce at AGC told ENR. “In addition, given the recent court decisions, it is hard to see how the administration will be able to impose a mandated PLA without facing successful bid protests."
Federal labor board demands Washington Post rehire reporter fired over social media attacks
June 11, 2025 // "To put it bluntly, Respondent just got sick of Sonmez’s Twitter activity criticizing the Post’s and its policies, as well as its implementation—or lack thereof—of those policies. In response, Respondent decided to bypass its progressive discipline system and fire her because of those criticisms," NLRB prosecutors said.
Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge
June 10, 2025 // While several other states (such as Connecticut, New Jersey, New York, and Rhode Island) have LPA requirements, this ruling applies only to the Oregon law. Similar laws in other states are also ripe for challenge, and challenges are underway in some other states. Some industry players, however, have shied away from contesting the laws because of a desire not to upset the regulators upon whose good will they need to operate.
Op-ed: Colorado workers should know their rights
May 22, 2025 // With the examples of Pueblo and Denver—and those in other states—in mind, Colorado employees would be wise to educate themselves on their rights under state and federal law regarding union membership and representation. With lawmakers determined to expand union power, it may be up to employees to ensure that union officials are also held accountable to the law.
Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions
May 16, 2025 // Ordinarily, employers try to get the NLRB to change a decision with which they disagree by challenging the decision on appeal. Employers also have the ability to argue to the Board in future cases, particularly after a change in administrations, that it should revisit its own precedent. The NLRB would then consider the issue and arguments and decide whether to change its earlier decision. However, the CDW has asked Bondi to unilaterally invalidate 15 Biden-era Board rulings, including 14 that set new precedents.
DEI’s defenders are massive First Amendment hypocrites
May 15, 2025 // The Trump administration’s efforts to rein in diversity, equity, and inclusion policies plaguing public schools suffered a setback last month when judges in three states ruled in favor of advocacy groups defending the status quo. In one complaint, the American Federation of Teachers claimed the Trump administration policy change “will chill speech and expression.”
City of Everett Employee Slams AFSCME Union and City With Labor Board Complaints for Illegal Dues Seizures From Paycheck
May 6, 2025 // “I exercised my constitutional right to stop my hard-earned money from going to the AFSCME union or its officials, but neither my employer nor the union is respecting my freedom” commented Davidsen. “I’ve made it clear that I don’t support the AFSCME union. Union bosses shouldn’t get to hold onto my money simply because my managers violated the law by continuing to take it after I demanded a stop.”