Posts tagged Labor Law
The NEA Faces an Unexpected Labor Adversary—Its Own Staff Union
June 24, 2024 // Outside of the National Education Association’s building on the city’s busy 16th Street thoroughfare, staff members marched with signs reading “Uphold union values” and “NEA: practice what you preach.” Other staffers made runs supplying snacks and water in the sweltering heat; staffers had organized shifts to keep the strike on pace until 5 p.m. The one-day work stoppage comes ahead of the NEA’s upcoming Representative Assembly, which will draw thousands of union members to Philadelphia over the Fourth of July weekend to vote on the union’s budget and priorities for 2024-25.
Gavin Newsom Wants to Curb a Labor Law That Cost Businesses $10 Billion
June 12, 2024 // Newsom’s office has brought together the state’s powerful California Chamber of Commerce with the California Labor Federation to hash out a compromise over the Private Attorneys General Act, or PAGA, people familiar with the negotiations said. The law has cost big and small businesses $10 billion over the past ten years, according to one study, and is viewed by labor advocates as a model of worker protection.The negotiators are in a race against time: June 27 is the deadline to strike a measure from Californians’ November ballot that would give voters the opportunity to repeal the law. The Chamber of Commerce is negotiating on behalf of a broad alliance, which includes the billionaire owner of the Wonderful Company, Stewart Resnick, car dealership owners, Walmart and McDonald’s Corp., along with small businesses across the state. The business coalition committed more than $31 million to entities backing the ballot measure, including the signature-gathering effort and an advertising blitz.
Labor unions, with power and popularity rising, are still trailing in the biggest nationwide battle
January 29, 2024 // But according to the Gallup polling, only one in six Americans live in a household with a union member, and its polling, as well as polling by others, shows that nonunion workers remains divided, about fifty-fifty, on interest in joining a union — Gallup's 2022 polling showed the percentage of nonunion workers who were not interested in membership as high as 58%.
Unions poised to capitalize on U.S. labor board rulings that bolstered organizing
January 2, 2024 // Business groups and employers are challenging many of those decisions in court, but in the mean time companies should brace themselves for an uptick in organizing emboldened by the NLRB's burst in pro-union activity, experts said. "There's an all-out assault to get businesses to recognize unions and increase union membership," said Ben Brubeck, vice president at construction trade group Associated Builders and Contractors.
Commentary: Is the NLRB Unconstitutional? The Courts May Finally Decide.
December 6, 2023 // While many agencies act politically, the Board is a special problem. Unlike other agencies, the Board makes almost all its decisions not through rulemaking, but through one-off panel decisions. That means it can change policy much faster. The “law” can swing wildly from case to case. In fact, according to one study, the Board during the Obama administration reversed a group of decisions that had been on the books for more than a collective 4,500 years. The Board’s constitutional flaws are also different from those of other agencies. For example, in a recent case involving the SEC, the Fifth Circuit Court of Appeals held that the agency’s structure violated the Seventh Amendment. That was because the SEC can impose civil fines—the kind of claims that must be tried to a jury. The Board has no authority to impose civil fines, so it doesn’t have the same Seventh Amendment problem. Its problem instead comes instead from its unchecked power to decide cases. It controls the outcome in disputes affecting a range of private rights. And those disputes, according to Article III of the Constitution, should be decided only by real judges.
Opinion: REI is Right to Question Unions
November 17, 2023 // Following the landmark 2018 Janus decision, public sector unions can’t mandate dues on non-members because it violates their First Amendment rights. The Freedom Foundation reports four of the largest public sector unions have lost a whopping 733,745 members since June 2018. An inconvenient truth: The unionized workforce is rapidly dwindling, making up 10.1% of the U.S. workforce. In comparison, the freelance workforce has grown to 45%—with 72 million individuals engaging in independent contracting full-time, part-time, or occasional. Even if I disagree with their politics, companies like REI demonstrate they can offer better benefits and perks over third-party entities like unions.
Tesla allowed to ban factory workers from wearing union T-shirts: court
November 17, 2023 // On Tuesday, the 5th Circuit said that it was wrong for the NLRB to require Tesla to prove that special circumstances justified its policy. The company still allowed workers “to affix any number or size of union stickers to their team wear,” so it was not unlawfully interfering with union organizing, the court said.
Connecticut: While the longshoremen strike, Orsted brings other union workers to load ships at State Pier
October 29, 2023 // “It’s another sad day for labor when unions will cross other unions' picket lines, regardless of what the issue is,” said Jim Paylor, assistant general organizer for the ILA. He was at the port when buses unloaded with workers from the Building Trades and Operating Engineers Unions.
Will Biden Labor Nominee Julie Su Suffocate the Gig Economy?
October 13, 2023 // Su, and other progressives like Federal Trade Commissioner Lina Khan, want to force a 20th century model of a heavily regulated and controlled labor market on the 21st century gig economy. They also want to impose 20th century style trade unionism, replete with mandatory union dues that (coincidentally I am sure) can in part be used to support progressive candidates and causes in the gig workforce. This is one reason why a bipartisan majority of the Senate is right to oppose Su’s nomination, and why President Biden was wrong to nominate her as Labor Secretary, and certainly wrong to defy the will of the Senate by keeping her as acting Secretary for an indefinite period of time. Biden should pick a new nominee. While no one nominated by Biden will support a free-market labor policy, the nominee should at least understand that massive federal regulations on the labor markets and compulsory unionism are relics that do not fit the economy of the future.
California Public School Students Will Learn About Labor Rights Under First-of-Its-Kind Law
October 4, 2023 // Under A.B. 800, all public high schools in California will hold "Workplace Readiness Week" as part of their curriculum. Students will gain a "strong understanding of their rights as workers, as well as their explicit rights as employed minors" and learn about their right to join or organize a union in their workplace.