Posts tagged free speech
Business groups sue over California’s new ban on captive audience meetings
January 4, 2025 // The law violates these protections by "discriminating against employers’ viewpoints on political matters, regulating the content of employers’ communications with their employees, and by chilling and prohibiting employer speech," the lawsuit said. Employers "have the right to communicate with their employees about the employers’ viewpoints on politics, unionization, and other labor issues."
Jewish Teachers Forced to Pay Dues to Anti-Semitic Labor Union They Don’t Belong To
November 24, 2024 // The lawsuit says the EERA and the collective bargaining agreement (CBA) that the union signed leaves the plaintiffs trapped in a union at odds with their political and religious beliefs. “UTLA inserted requirements into the CBA for adoption of model curricula for the classroom that is openly ant-Semitic, and has provided teacher training opportunities where teachers are taught how to avoid detection for anti-Israel rhetoric. UTLA also supports anti-Semitic and anti-Israel professional development classes–classes that can advance teachers’ careers.” The end result is that both “the EERA and the CBA compel Plaintiffs to associate with UTLA’s anti-Semitic speech and curriculum despite Plaintiff’s objections based on their sincerely held beliefs.

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.

US labor board bans mandatory anti-union meetings in ruling against Amazon
November 13, 2024 // The decision could also be overturned by the board when it gains a Republican majority, as the agency often reverses itself after changes in leadership. President-elect Donald Trump could have a Republican-led board in place as soon as next year. At least 10 U.S. states including New York, California, and most recently Alaska have banned captive audience meetings or prohibited employers from disciplining workers who do not attend them. The NLRB said its decision would only be applied moving forward and not to pending cases.
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.

New proposed federal law would bar unions from promoting antisemitism
October 7, 2024 // Title VII of the Civil Rights Act allows employees not to pay dues or fees to a union based on their religious beliefs or practices. But Cassidy said many workers were unaware they have the right to pull their union dues from activities that have nothing to do with union bargaining for salaries and benefits. As part of the Senate committee’s probe into antisemitism, the senator also found that unions make it difficult to opt out of these unrelated costs — including bogging down workers with lawsuits that end up costing more than the actual dues. “Union members pay unions to represent before management. This legislation keeps unions focused on that,” said Cassidy.
Education and the Workforce Committee Releases Shocking Report on Union Antisemitic Activity
September 20, 2024 // Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) released a report detailing how unions put politics over members while pursuing antisemitic activism. The report includes a thorough accounting of rampant antisemitic activity within the Association of Legal Aid Attorneys (ALAA), a United Auto Workers local union, following ALAA’s passage of an anti-Israel resolution in December of 2023. Following the resolution’s adoption, it was revealed that the statutory rights of union members were violated through retaliatory actions related to the resolution.
Op-Ed: Why autoworkers in thriving S.C. should resist unionization efforts
August 26, 2024 // South Carolina has emerged as a critical player in the automotive industry, with major manufacturers establishing significant operations across the state. This success is a testament to our pro-business environment, which includes favorable labor laws, competitive wages, and a low cost of doing business. The South Carolina legislature has worked hard to create an environment that is fueling job creation and economic growth.
ICYMI: Amazon Appeals Controversial NLRB Decision on CEO Andy Jassy Media Interviews
June 24, 2024 // Despite these clear free speech protections, the ALJ strained credibility by finding that Jassy “threatened employees that, if they selected a union, they would become less empowered and would find it harder to get things done quickly.” Not surprisingly, the decision was quite controversial. Amazon’s appeal is good news for fans of free speech and open debate. The appeal will first go before the National Labor Relations Board (NLRB), which we hope will reverse the ALJ. If it does not do so, Amazon can take the case up to the federal courts.
US court nixes order barring Amazon from firing pro-union workers
June 14, 2024 // The labor board sought the order after Amazon in 2020 fired Gerald Bryson, a union organizer at a warehouse in Staten Island, for making profane comments to a coworker during a protest over an alleged lack of safety measures amid the COVID-19 pandemic. U.S. District Judge Diane Gujarati in Brooklyn ruled that Bryson's firing violated his rights under U.S. labor law and barred Amazon from terminating other union supporters. But the judge refused to order Amazon to reinstate Bryson, saying there was no evidence that his firing deterred other workers from unionizing. The 2nd Circuit on Wednesday said the requirement that Amazon not fire other workers was unnecessary if there was no evidence that Bryson's firing had a broader impact.