Posts tagged First Amendment
Democrats make last stand for unions ahead of Trump administration
November 15, 2024 // In a final push to bolster union rights ahead of a Trump presidency, the National Labor Relations Board on Wednesday banned employers nationwide from forcing workers to attend antiunion meetings. Separately, Democrats are also deploying a last-ditch effort to try to get the Senate to reconfirm NLRB Chair Lauren McFerran in the last December session, allowing the agency to maintain a Democratic majority and continue its labor-friendly rulings into the next Trump administration.
Challenging Exclusive Representation: A Fight for Free Speech and Union Accountability; Disunion: The Government Union Report podcast
November 14, 2024 // Osborne and McGrath delve into the legal implications of exclusive representation, where a union speaks for all employees in a bargaining unit, including non-members, and restricts individual negotiations. They discuss how exclusive representation in New York grants significant union power, even allowing the union to pursue anti-Israel stances as part of its collective bargaining scope. This case, they suggest, could reshape public sector labor rights and potentially dismantle exclusive representation if the Supreme Court agrees to hear the case and finds that it infringes on employees’ rights to free speech and association.
Myths vs. Facts: Public Workers’ Janus Rights
November 7, 2024 // ALEC’s model Public Employee Rights and Authorization Act can help states reach full compliance. Its comprehensive reforms reiterate workers rights by ensuring that workers are unambiguously informed of their rights, have ample windows to make membership decisions, and can make labor decisions on an annual basis.
NEW YORK: Hochul Report Whitewashes Teachers Union Antisemitism; Commentary
October 31, 2024 // Months before Hamas’s Oct. 7 attacks on Israel, a CUNY Law commencement speaker delivered what one commentator described as a “Nuremburg-style screed” against Israel, accusing it of murder and lynchings. CUNY’s administration called the speech “unacceptable.” Meanwhile, the PSC, led by Davis, demanded that CUNY — not the speaker — retract its statement. After the Oct. 7 attacks, the union allowed “CUNY4Palestine” to promote anti-Israel rallies on the union’s email list and later condemned Columbia University for dispersing a pro-Hamas student encampment.
Musk Wins Appeal Over Tweet He Had to Delete About Union Push
October 28, 2024 // Friday’s ruling arose from an incident in 2017 when Mr. Ortiz was involved in an effort to unionize the Tesla plant in Fremont, Calif. As part of the campaign, he posted screen shots of co-workers who opposed unionization on a private Facebook page. When an investigator for Tesla questioned Mr. Ortiz about the photos, he said he couldn’t remember where he had gotten them, which he later acknowledged was a lie. Tesla then fired him, with lying cited as the cause. A labor board investigation found that Mr. Ortiz had been fired because of his unionization campaign, not because of his false statement.
Employer Free Speech on the Ballot in Alaska
October 10, 2024 // The National Labor Relations Act (NLRA) protects such meetings, and the Supreme Court has repeatedly recognized their legality and importance in helping employees gather information on potential union representation. As a result, even if the referendum were to pass, a court would likely find it unlawful. Alaska’s referendum also increases the state’s minimum wage to $15 per hour by 2027 and provides at least 40 hours of paid sick leave to many workers.
Commentary: The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
October 7, 2024 // In several lines of precedent since the passage of the 1947 Taft-Hartley amendments, courts have ignored or glossed over this textual problem and have allowed the NLRB to police campaign misconduct quite closely. Most relevant here is the doctrine first announced in General Shoe Corporation. The Shoe Workers Union objected to its election loss at a plant in Pulaski, Tennessee, and charged the employer with co-extensive unfair labor practices. The employer’s president was shown to have lectured employees personally about their union support. Finding that no unfair labor practice had been proven, the Board nevertheless set aside the Union’s loss,
New law bans California companies from forcing employees to meet on politics, religion or union issues
October 4, 2024 // But starting next year, California employers will no longer be able to force employees into so-called “captive audience” meetings about politics, including unions, or religion. Governor Gavin Newsom signed a bill Friday banning these compulsory meetings. The new law, which was supported mostly by unions, prohibits employers from retaliating against employees when they don’t attend a meeting related to religion or politics, including union organizing.
Rhode Island School District Settles Suit With Teacher Denied Tenure After Leaving Union
October 3, 2024 // Although Lancellotta received "highly effective" ratings in his most recent evaluations, the district did not renew his contract, a move that effectively terminated his employment. This decision appeared to be driven by his resignation from the union. An appeal to the school board revealed that school officials had based their decision to terminate solely on the recommendation of Lancellotta’s department head, a union committee member. The appeal also uncovered troubling collaboration between the school’s attorneys and the union’s legal team.