Posts tagged litigation
Trump Names NLRB Nominees, Providing Path to Functioning Quorum
July 17, 2025 // The administration Thursday nominated Scott Mayer, chief labor counsel at the Boeing Co., and James Murphy, a former career NLRB lawyer, to fill the two open Republican board seats. The NLRB has been unable to issue decisions for most of Trump’s second term because his January firing of Democratic member Gwynne Wilcox dropped the board below the three-member minimum necessary for a quorum. The US Supreme Court blocked a federal judge’s order to reinstate Wilcox as litigation over her termination proceeds. If Trump’s nominees sail through the Senate approval process, they would join Chair Marvin Kaplan to form a three-member GOP majority on the board, with David Prouty continuing to serve as the sole Democratic member.
New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes
June 27, 2025 // Focus on facilitating efficient, prompt and fair settlements The acting general counsel’s memo initially discusses the need for “efficiency” in the NLRB’s approach toward settlement of charges, noting that “’if we attempt to accomplish everything, we risk accomplishing nothing.’” To that point, Cowen had already rescinded four memos from the prior general counsel on remedial relief – GC 21-06, GC 21-07, GC 22-06, and GC 24-04. In those memos, Regions had been directed to obtain full remedial relief in settlements of charges, and limits on certain clauses and requirements for certain forms of relief were added. The acting general counsel’s memo comments that “our remedial enthusiasm’ should not “distract us from achieving a prompt and fair resolution of disputed matters.”
Unions Form Pro Bono Legal Network for Federal Workers Targeted by Trump
April 16, 2025 // “We knew there would be a lot of quick and valiant legal work in the federal courts, but we knew there was a chance you’d have to go to the employee agencies to protect the workers’ rights,” Deborah Greenfield, the network’s executive director, said in an interview. One challenge for the network and their potential clients is that some of these bodies, like the National Labor Relations Board, are themselves in a state of limbo as courts weigh whether Mr. Trump has the power to fire appointed board members.
US Supreme Court clears way for Trump to remove two Democratic members of labor boards for now
April 10, 2025 // Trump's efforts to remove Harris have threatened to leave the board without a two-seat quorum - making it unable to decide cases - after the term of Democratic member Raymond Limon expired on February 28. In ruling in favor of Harris, Contreras said the statutory protections for board members from being removed without cause conform with the Constitution in light of a 1935 Supreme Court precedent in a case called Humphrey's Executor v. United States. In that case, the court ruled that a president lacks unfettered power to remove commissioners of the U.S. Federal Trade Commission, faulting then-President Franklin Roosevelt's firing of an FTC commissioner for policy differences.
MICHIGAN: While you were sleeping, the law changed
March 12, 2025 // The two laws were scheduled to take effect Feb. 21. The Legislature acted minutes (not hours) before the deadline and delivered the bills to Gov. Gretchen Whitmer in the middle of the night. Employers went to sleep on Feb. 20, woke up to a new regulatory environment, and are scrambling to understand the laws. How did we get here? In 2018, out-of-state advocacy groups sent two ballot measures to the Legislature. One measure imposed paid sick time mandates on every employer in the state — every company, nonprofit and government entity. The other measure mandated minimum wage increases, eviscerating the tip credit that helps restaurant servers and bartenders earn well above minimum wage.
Unions sue DOGE, Labor Department to block access to worker and Musk competitor data
February 6, 2025 // The lawsuit comes amid a swirl of controversy regarding efforts by Musk and members of his DOGE organization to cut federal spending, size down the federal workforce and readjust or outright close certain government agencies — efforts that have sparked an ever-increasing amount of litigation. Musk has moved to overhaul the U.S. Agency for International Development, the Treasury Department, the National Oceanic and Atmospheric Administration, the Office of Personnel Management and the Department of Education since President Donald Trump’s inauguration on Jan. 20.
New York’s Fastest-Growing Union Is Management’s Best Friend — and Some Workers Don’t Even Know They’re Members
December 20, 2024 // Though she last worked for Five Borough two months ago, she stopped receiving pay stubs long before that, she said — paperwork that would have had to show deductions, including for union dues. Supervisors ignored her repeated requests for pay records, she said. Through such voluntary recognition deals with management, less than a decade after its founding, HHWA has exploded in size. It currently claims some 43,000 members, up from 14,141 in 2018. An investigation into Home Healthcare Workers of America by THE CITY, based on interviews with past and current members, legal records and other public statements, reveals that this fast-growing union is a tool of company management in the form of a labor organization.
Dartmouth basketball team votes to unionize, rattling college sports
March 7, 2024 // The team’s 13-2 vote to join SEIU Local 560 is a massive achievement for the long-percolating campaign to upend college sports, and one that could motivate others to follow suit. “It is self-evident that we, as students, can also be both campus workers and union members,” teammates Cade Haskins and Romeo Myrthil, who helped lead the organizing effort, said in a statement Tuesday. “It’s time for the age of amateurism to end.”
Starbucks and Workers United, long at odds, say they’ll restart labor talks
February 28, 2024 // Workers have voted to unionize at more than 370 company-owned Starbucks stores in the U.S., but none of those stores has reached a labor agreement with the company. The process has been contentious. In multiple cases, federal courts have ordered Starbucks to reinstate workers who were fired after leading unionization efforts at their stores. Regional offices of the National Labor Relations Board also have issued at least 120 complaints against Starbucks for unfair labor practices, including refusal to bargain and reserving pay raises and other benefits for non-union workers.
Starbucks proxy war shows Big Labor’s new tactic
February 23, 2024 // Crucially, the new SEC rule allows the SOC to push for huge changes to the Starbucks board with comparatively little skin in the game. Starbucks has a market capitalization of $105 billion. The SOC owns 161 shares of Starbucks, a stake worth approximately $16,000. Thanks to the universal proxy rule, the SOC can use Starbucks’s own proxy materials to promote its hostile takeover attempt without bearing the costs of its own solicitation. The Starbucks proxy fight is one part of SOC’s broader scheme to impose Big Labor’s agenda on every publicly traded American company. The SOC’s coalition includes some of the most militant and disruptive unions in the country: the Service Employees International Union, Communications Workers of America, and the United Farmworkers of America. These unions regularly engage in strikes, protests, boycotts, litigation, and other tactics to bend workers and employers alike to their will.