Posts tagged First Amendment
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.
Puerto Rico Police Bureau Employees Win at District Court; Beat Union Scheme That Swiped Health Benefit from Dissenting Employees
September 27, 2024 // The plaintiffs, Vanessa Carbonell, Roberto Whatts Osorio, Elba Colon Nery, Billy Nieves Hernandez, Nelida Alvarez Febus, Linda Dumont Guzman, Sandra Quinones Pinto, Yomarys Ortiz Gonzalez, Janet Cruz Berrios, Carmen Berlingeri Pabon, and Merab Ortiz Rivera, filed their lawsuit at the U.S. District Court of Puerto Rico in 2022. They invoked their rights under the 2018 Foundation-won Janus v. AFSCME Supreme Court decision, in which the Justices held that compelling public employees to join or fund a union violates the First Amendment. Janus also established that union officials can only take union dues from a public employee who has waived his or her First Amendment right not to pay.
Op-Ed: Public Sector Unions Should Only Speak for Their Members
September 3, 2024 //
Op-Ed: Kamala Harris aims to screw workers AND businesses to help Big Labor bosses
September 2, 2024 // Yet on issues of labor, no speculation is needed: Harris has consistently, loudly and unequivocally advocated for policies that grant union officials unprecedented control over both workers and their pocketbooks. Most notably, the union-label Harris has repeatedly expressed support for the repeal of every state Right to Work law in the country.
Mandatory union meeting reinforces Oregon teacher’s decision to opt-out
September 1, 2024 //