Posts tagged National Labor Relations Board
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.
Buffalo Starbucks Baristas Blast National Labor Relations Board’s Move to Trap Workers in Union at Court of Appeals
November 29, 2023 // “Given the biases of the current Board, it is disheartening ― but not surprising ― to see the NLRB claim Cortes’ petition is the product of Starbucks’ alleged unfair labor practices,” the brief states. “Its own records show that nothing could be further from the truth. In reality, Cortes collected her petition because of the Union’s anti-employee behavior.” The employees’ brief also contends that the relief NLRB lawyers are seeking from the Second Circuit – a 10(j) injunction under the National Labor Relations Act (NLRA) that will force Starbucks managers into working with SBWU union bosses to craft a monopoly bargaining contract – is extreme. Such injunctions can only be ordered when the harm done to workers in their absence would be “irreparable.” Foundation attorneys argue that the fact that Cortes and other employees have attempted to decertify does not make any injuries suffered by the union “irreparable.” “The NLRB’s argument it needs an injunction to suppress decertification efforts already underway―which have already garnered majority support―is a tacit admission it is seeking to alter the status quo, not preserve it,” states the brief.
Starbucks increases US hourly wages and adds other benefits for non-union workers
November 9, 2023 // Starbucks said it is also shortening the time hourly employees must work before accruing vacation days from one year to 90 days. That benefit is also only available to workers at non-unionized stores. The company also announced a new North American barista championship open to employees in the U.S. and Canada. The company said program also won't be available to employees at unionized stores since it involves prize money and travel. Starbucks’ actions go against a September ruling by an administrative law judge for the NLRB, who ruled that the company acted illegally last fall when it raised pay only for non-union workers. Starbucks has appealed that ruling, saying NLRB’s standards don’t allow employers to make unilateral changes in the wages or benefits of unionized employees.
At Dartmouth, the focus turns to winning basketball games amid its unionization push
November 9, 2023 // Their unionization effort lingers in the background, another challenge to the norms of college athletics in a time with athletes transferring freely through the portal and making endorsement money through the use of their name, image and likeness (NIL). "I feel like NIL's been moving on a lot and changing the landscape of college basketball," Myrthil told The Associated Press after the Duke game. "This could be a step that changes it even further, to make the students earn what they're worth."
Workers vote to remove union at Capitol Hill’s Glo’s Diner
November 6, 2023 // The decertification process, according to the National Labor Relations Board, is straightforward. “Employees may file a petition for decertification (RD) if they believe support for a union has diminished, after collecting signatures from at least 30% of workers in a unit,” the documentation reads. “A majority of votes decides the outcome.” The Glo’s decision is, meanwhile, a significant blow to the nascent efforts of Restaurant Workers United which has reported only a handful of members in recent annual reports as other efforts like increasing union representation at big chain Starbucks have grown. Ben Reynolds, a representative for the RWU group, declined to comment on the vote at this time citing solidarity with the Glo’s workers who are “taking a minute to recover emotionally from the strain of this election.” CHS will update our reporting when we hear back.
Eldora Mountain Resort ski patrollers, medics will vote on whether to unionize
October 26, 2023 // To win their election, Eldora workers must get approval from at least half of the resort’s 40 patrollers and medics. Eldora staff will cast mail-in ballots over the next month, with results likely to come as the 2023/24 ski season kicks off. The National Labor Relations Board will count votes in late November. Monday’s vote was the first step of the process.
Workers announce intention to unionize at The Bulletin, Redmond Spokesman
October 24, 2023 // Wright said, “Central Oregon Media Group has received a request from the PNW Newspaper Guild to voluntarily recognize members of our news staff at two our newspapers, the Bend Bulletin and the Redmond Spokesman. We are reviewing the request. Whatever the outcome, we stand by our employees.” The Central Oregon NewsGuild is represented by the Pacific Northwest Newspaper Guild, a sector of the Communications Workers of America and the largest union representing journalists and media workers in North America, according to the guild.
Perdue workers vote against unionizing, union appeals alleged election interference
October 24, 2023 // After workers at Perdue AgriBusiness in Salisbury voted to not unionize, a call to overturn the vote has been made with the National Labor Relations Board claiming Perdue interfered with the election. Perdue workers in Salisbury voted 21 to 17 in favor of not unionizing during an election held Sept. 28 and 29, according to spokespeople from Perdue and the United Food and Commercial Workers Local 27 Union.
St. Peter’s nurses vote to unionize in wake of information leak
October 23, 2023 // St. Peter's Health ended its contract with Mr. Commer after the internal leak of nurses' personal information. The health system, in a statement shared with Becker's on Oct. 4, described the incident as one "where a document containing sensitive information became accessible beyond the intended recipients. It is our responsibility to safeguard the privacy and well-being of our employees, and as such, we take full responsibility for this incident occurring." St. Peter's Health also confirmed it is no longer working with any third-party consultants, but said, "The more important issue is that this incident was inconsistent with our values." The organization is conducting an internal investigation and said it will "respond as appropriate based on the findings."
How the Amazon Labor Union helped shape modern workers’ rights
October 19, 2023 // For every 1% of Amazon's workforce that unionizes, analysts expect it to lead to an incremental $150 million in annual operating expenses.