Posts tagged Labor Law
The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions
August 30, 2024 // The Wagner Act was passed to promote labor peace. It aimed to keep commerce flowing by promoting collective bargaining, and thus unionism. Taft-Hartley reversed one part of that policy: it helped make unionism, and thus collective bargaining, less common. But by doing so, it finally achieved labor law’s original goal. The labor market today is more peaceful than at any time in the last century. And that peace owes in large part to the relative scarcity of unions. That lesson is worth keeping in mind in contemporary debates. Today, voices on both sides of the aisle laud the benefits of unionism. They speak of unions as vehicles of workplace democracy—a productive way for workers to express their collective discontent. But unions have not always funneled discontent through peaceful channels: when given too much power, they have disrupted the avenues of commerce.
SkyWest Airlines facing federal lawsuit over alleged ‘fake company union’
August 14, 2024 // SkyWest Airlines, the largest regional airline in North America, is facing legal action over an alleged “fake” company union that the airline operates and the allegedly retaliatory firings of flight attendants who were engaged in union organizing efforts. A lawsuit was filed by the Association of Flight Attendants (AFA-CWA) in October 2023. The US Department of Labor also filed a lawsuit last month against the company over the “company union”, alleging SkyWest Inflight Association (SIA) did not perform its legal duties as a representative agency and barred two employees from running in an election for leadership positions due to their support for an independent union at the airline.
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.