Posts tagged National Labor Relations Act
Screenprinters vote to unionize, but owner says he closed their shop
November 3, 2022 // “Due to the financial strains on the business, we’ve closed up those divisions and will no longer produce them. We sold or are in process of selling all of the equipment,” Crushin’ It Apparel owner Jeremy Kruk told the Cap Times following the vote tally. “This door to my life is now closed.”

CT’s ‘captive audience’ law challenged in federal lawsuit
November 2, 2022 // Connecticut’s ban on “captive audience” meetings, which unions say are used to thwart organizing, is unconstitutional and a preemption of federal labor law, a coalition led by the U.S. Chamber of Commerce claimed in a lawsuit filed Tuesday in U.S. District Court in Hartford. The lawsuit, joined by the Connecticut Business and Industry Association and trade groups representing retailers and others, says the ban violates free-speech and equal-protection rights under the Constitution by “chilling and prohibiting employer speech” with their workers. The defendants in the lawsuit are Commissioner Danté Bartolomeo of the state Department of Labor, the department itself, and Attorney General William Tong. Chris DiPentima,
Trader Joe’s United’s first loss is further proof that unionizing isn’t easy
November 2, 2022 // Ananya Bhattacharya Mon, October 31, 2022 at 4:43 AM·3 min read Three months into its unionizing efforts, Trader Joe’s United has lost its winning streak. At a Trader Joe’s store in Brooklyn, workers on Oct. 28 voted 94 to 66 against joining the independent union, which represents employees at two other stores in Massachusetts and in Minnesota.
Biden’s Labor Department moves to raise taxes on the American workforce
November 1, 2022 // The Labor Department’s proposed rule would force Americans who don’t want a boss to have a boss. Under current law, independent contractors perform a task or execute a project and present the result to an individual or business for payment. Unlike traditional employees, independent contractors have the freedom to set their own schedules, determine their workload, and can put food on the table without needing a boss. Labor’s new proposed rule would force independent contractors to reclassify as W-2 employees if the worker is “economically dependent” on the entity that is paying him or her.

Starbucks will get reporters’ messages with union, federal judge rules
October 31, 2022 // A federal judge has ordered the organization behind a unionization drive at Starbucks stores in western New York to turn over all of its messages with journalists — a sweeping and unusual ruling that will let the company peek into communications that courts usually view as private and protected. Court of Appeals for the 2nd Circuit Court,

Conservative group launches effort to fight Biden administration workplace rules
October 28, 2022 // If implemented, the new rules could restrict independent contracting, which would force some freelancers to reclassify as employees, and broaden the definition of joint employment, making it harder to own and operate franchise businesses. Because these rules are being proposed by executive branch agencies, they do not go through rounds of debate and votes in Congress. However, under the 1946 Administrative Procedures Act, they must go through a public comment period to receive feedback before being implemented. This is where the group, Heritage Action for America, is trying to make an impact, soliciting comments from the public via a new website.

Louisville Ford Assembly Plant Worker Slams UAW Union with Federal Charges for Seizing Money from Her Paycheck Illegally
October 28, 2022 // Charge detailing violation of employee’s rights comes after multiple top UAW chiefs have been sentenced to prison for widespread corruption and embezzlement of workers’ dues money

Workers Should Be Able to Hear from Both Sides Before Union Votes
October 27, 2022 // To labor activists such “captive audience” mandatory meetings constitute union-busting. National Labor Relations Board General Counsel Jennifer Abruzzo has asked the full board to outlaw the practice. (The board has thus far not acted on her request.) Congressional Democrats have tried to get rid of them too. The pro-union Protecting the Right to Organize Act would prohibit companies from making the meetings mandatory. The legislation has stalled in the Senate. There is no good reason why managers shouldn’t be able to make a pitch to workers just like union activists. Collective bargaining is—or at least ought to be—the workers’ choice. They should be able to hear from all sides before they decide.

Some Starbucks Workers Want To Decertify Their Union. Here’s Why They Can’t.
October 21, 2022 // Starbucks workers in Oklahoma have filed a petition with the National Labor Relations Board (NLRB) to hold a vote to decertify Starbucks Workers United The union was voted in earlier in the summer Even if 100% of the employees want to decertify the union, due to the NLRB’s ‘Election Bar’ rules, the NLRB is very likely going to dismiss the workers’ petition

Oil Refinery Employee Wins Back Illegally Seized Union Dues
October 14, 2022 // In March, Mr. Hoffman asked HF Sinclair to stop the union dues deduction from his paycheck. After HF Sinclair received Mr. Hoffman’s revocation, it complied with his request. On June 7, Mr. Hoffman exercised his legal right to resign his membership from the United Steelworkers union. Later that month, HF Sinclair resumed the deduction of dues from Mr. Hoffman’s paycheck without his consent—a blatant violation of the National Labor Relations Act. Not only does the union contract between HF Sinclair and the United Steelworkers indicate only union members are required to pay dues, it also contains an unlawful provision restricting when employees can resign their membership. Even though he has received back the money taken from him, Mr. Hoffman continues to challenge United Steelworkers union officials with the aid of National Right to Work Foundation staff attorneys. Because union officials refuse to admit wrongdoing, Mr. Hoffman is pushing for removal of the illegal provision restricting the right to resign membership in the union, and a notice to be posted to notify his coworkers that may not be aware of their rights.