Posts tagged injunction
The Supreme Court is getting involved in the fight over unionizing at Starbucks
January 25, 2024 // HSU: Starbucks said the workers had violated multiple company policies, including by allowing a TV crew into the store after hours. The workers believe they were fired because they were trying to unionize. Florentino Escobar is one of the Memphis Seven. He calls what's happening now a war. FLORENTINO ESCOBAR: Not only with us, but I feel like now it's with all U.S. workers.
Buffalo Starbucks Baristas Blast National Labor Relations Board’s Move to Trap Workers in Union at Court of Appeals
November 29, 2023 // “Given the biases of the current Board, it is disheartening ― but not surprising ― to see the NLRB claim Cortes’ petition is the product of Starbucks’ alleged unfair labor practices,” the brief states. “Its own records show that nothing could be further from the truth. In reality, Cortes collected her petition because of the Union’s anti-employee behavior.” The employees’ brief also contends that the relief NLRB lawyers are seeking from the Second Circuit – a 10(j) injunction under the National Labor Relations Act (NLRA) that will force Starbucks managers into working with SBWU union bosses to craft a monopoly bargaining contract – is extreme. Such injunctions can only be ordered when the harm done to workers in their absence would be “irreparable.” Foundation attorneys argue that the fact that Cortes and other employees have attempted to decertify does not make any injuries suffered by the union “irreparable.” “The NLRB’s argument it needs an injunction to suppress decertification efforts already underway―which have already garnered majority support―is a tacit admission it is seeking to alter the status quo, not preserve it,” states the brief.
Lawyers will square off on California trucking’s latest AB5 exemption request
November 12, 2023 // AB5 is a state law that seeks to define independent contractors through the ABC test. For trucking, the B prong in the ABC test is a particular burden, as it defines an independent contractor as one who “performs work that is outside the usual course of the hiring entity’s business.” A trucking company hiring an independent owner-operator to move freight could be challenged under the B prong. The various participants in the case have filed briefs in recent weeks laying out their arguments that will be reiterated in court Monday. The last year has seen revised complaints from CTA and OOIDA, widening the scope of their arguments. Those revisions and the state responses have provided extensive documentation on the positions each side is taking in the case, which is formally known as CTA v. Bonta, after Rob Bonta, the state’s attorney general. (The original defendant in the case was then-Attorney General Xavier Becerra, now the Biden administration’s secretary of Health and Human Services.)
New Jersey Transit workers unanimously vote to authorize strike
September 1, 2023 // NJ Transit crew members have been working without a new contract for nearly four years. The contract dispute has been in national mediation for three years. NJ Transit says it is still committed to continuing to negotiate in good faith with the union. The agency also says a federal court injunction obtained last summer prohibits a strike.
CT State Police union issues vote of no confidence in leaders amid ticketing scandal
August 14, 2023 // Connecticut’s state police union has issued a vote of no confidence in its police leadership after lawmakers grilled state police leaders about thousands of potentially fake traffic tickets last month. The Connecticut State Police Union issued the scathing letter to their leaders and a vote of no confidence, while also filing an injunction to keep the names of the troopers involved sealed. The letter, dated Thursday, accuses Department of Emergency Services and Public Protection Commissioner James Rovella and State Police Col. Stavros Mellekas of “foster(ing) an environment of mistrust” and “tarnishing the reputation of Connecticut State Police.”
Exclusive: California union president threatened staff and stole records, report finds
January 13, 2023 // An embattled California union president faces new discipline from SEIU after an independent investigator determined that he threatened staff, improperly suspended other elected officers and stole documents from the labor organization. The investigator’s report, obtained by The Sacramento Bee, is the latest setback for Richard Louis Brown, the already-suspended leader of SEIU Local 1000, the largest public employee union in California state government. Brown could face immediate removal from his roles as union president and steward after the investigation found sufficient evidence to support 12 alleged acts of misconduct. The investigator also recommended that Brown be reprimanded for his actions and barred from running for office until 2025.
LA County Sheriff’s employee sues union over inability to opt out of membership
June 1, 2022 // "The point here is that the union could have done the right thing at any time," Snowball added. "When he originally requested to get out, the union simply could have effectuated the card that he signed with them in the 1990s, let him out, but they decided not to. They decided to just string him along like they do employees all the time and not do anything until he sued them and filed a temporary restraining order in federal court."
Labor organizers and anti-union activists square off again on membership, dues issues
March 18, 2022 // “It codifies the process by which an employee may exercise this right and safeguards that person’s ability to exercise it at any time,” Vernuccio said. “It does this by having the public employees tell their employers directly that they wish to have money taken from their paycheck, instead of employers taking the union’s word for it.”