Posts tagged Labor Law
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.
Court orders Bay Area Subway franchisees to sell stores, pay employees
October 2, 2023 // A federal court ordered the owners of 14 Subway Bay Area locations to pay employees nearly $1 million in damages and back pay and also to sell or shut their businesses, with any sale proceeds going to the Department of Labor. Federal investigators said franchise owners John and Jessica Meza, of Brentwood, directed children as young as 14 to operate dangerous machinery, assigned minors work hours that violated federal law, and failed to pay their employees regularly, including by issuing hundreds of bad checks and illegally keeping tips left by customers. The Labor Department also charged that the Mezas coerced employees in an attempt to prevent them from cooperating with its investigation and that an associate, Hamza Ayesh, played a role in those efforts, including threatening an employee who complained about receiving a bad check. The stores are located in Antioch, Clayton, Concord, San Pablo, Petaluma, Cotati, Napa, Santa Rosa, Windsor and Vallejo.
Are salaried workers required to cross a picket line during a labor strike? What happens.
August 23, 2023 // "If (nonunion workers) refuse to follow the direction they’ve been given by management, they could potentially lose their job if the company wanted to take such drastic measures," Kaminski said. "They could be fired for refusing to accept an assignment." ◾ Sympathy strikers can be permanently replaced, Kaminski said. Depending on their rank in an organization, some will retain the right to be put on a preferred recall list for a limited period of time. Many people consider being fired and being permanently replaced as the same, though technically different, Kaminski said.
Unions fear ceding members in Defense Health Agency reorganization
August 22, 2023 // “Who am I to come in and say ‘you’re now in my union?’” he said. Some members have also questioned the structure of the units, saying markets force together facilities that group different military services, chains of command and cultures, even if the employees share job duties, management and working environments. “Whenever there’s a big reorganization like this, the FLRA needs to certify appropriate bargaining units,” Friday said. “But it doesn’t have to be the most appropriate bargaining units. There can be other workable configurations. And so here’s a question of trying to find something that comports, to some extent, with the agency structure, but also [with] NFFE’s goal that would also allow us to represent as many of our folks as we can.” The Colorado market, for example, is comprised of four treatment facilities and several medical clinics located in Colorado and Utah.