Posts tagged Ninth Circuit Court of Appeals
Op-ed: It’s Time to End Government Unions’ Post-Janus Coercion
July 8, 2025 // These include, but aren’t limited to: acknowledging the workers’ right to opt out of union membership and dues, but refusing to honor their request to do so except during an arbitrary, union-determined two-week “opt-out window” of which the worker is unaware; inviting union operatives to make high-pressure, often-deceptive recruiting pitches to all newly hired public employees while denying the same privilege to organizations anxious to offer the workers an alternative point of view; refusing to open mail suspected to contain member opt-out requests; passing laws and filing lawsuits intended to prevent disclosure of government employees’ contact information — which is clearly a matter of public record — solely to keep organizations such as the Freedom Foundation from informing workers about their constitutional right to decline union participation; arguing that Janus provides no protections for union members, not even a constitutionally protected right to resign from the union; and, when all else fails, simply forging an employee’s name on a dues-authorization form.
Appeals court clears the way for Trump to fire probationary federal workers once again
April 11, 2025 // Agencies have also begun rolling out their reorganization plans, outlining where they are planning mass layoffs, as directed by the Trump administration. The civil service rules governing reductions in force generally disadvantage employees with shorter tenure in the government. Probationary employees may be among the first to go, though they too must be given proper notice. At some agencies, that's already happening.
Seattle Mariners Employee Fights Biden Labor Board Cemex Decision Upending Right to Vote in Secret on Union ‘Representation’
February 13, 2024 // Under Cemex, an employer who declines to recognize a union is required to quickly ask the NLRB to hold a secret ballot election. But the NLRB doesn’t have to grant that request. A union can easily prompt the NLRB to cancel an employee vote (or even overturn an election that doesn’t go in the union’s favor) by filing charges against the company and showing the employer committed an unfair labor practice during the “critical period” leading up to the election.
OPINION: Sen. Sinema Shouldn’t Let Julie Su Turn Ariz. Into Calif.
June 5, 2023 // More than one million freelance workers lost work in the wake of AB5’s passage. In response to public outrage, the California legislature carved out scores of politically connected professions from the draconian legislation so that it no longer applied to musicians, translators, writers, photographers, and many others. But big labor’s main targets – independent truckers and the gig economy – are still suffering from AB5’s harsh policy. Even the notoriously left-leaning Ninth Circuit Court of Appeals has suggested that AB5’s sponsors and enforcers may have had no legitimate policy objectives in mind when granting exemptions to AB5, and instead acted out of "animus" by targeting companies that facilitate vast swaths of independent contracting.
Reclassifiying Rhode Island’s independent workforce could cost the state millions
May 25, 2023 // Actual instances of misclassification are already addressed by existing laws. And if workers desire to obtain benefits, health care, or otherwise, they need not be traditional employees to do so. To prevent forced misclassification in Rhode Island, lawmakers should propose reforms like portable benefits to allow workers to maintain their independence yet apply for benefits as needed. Utah just pioneered this reform to allow worker benefits to follow workers, not employers. With a portable benefits system in place, forced reclassification efforts like SB 430 can be defeated. As of December 2022, 27 percent — or 85,116 self-employed gig workers — of Rhode Island’s small business workforce engages in independent contract work. That should be celebrated, not undone by misguided policymaking that seeks to correct a non-problem.
Supreme Court Misses an Opportunity to Protect Workers from Public-Sector Unions
January 26, 2023 // The Supreme Court decided today that it will not grant certiorari in the case Wright v. SEIU Local 503, one of several union-forgery cases currently working their way through the court system. By not hearing the case, the Court is allowing confusion about public-sector workers’ constitutional rights to persist. The Freedom Foundation, a conservative union-watchdog group, has found about a dozen cases where unions allegedly forged someone’s signature in order to keep taking money from their paycheck. Though it may seem like a simple question, lower-court rulings have failed to address the issue head-on.
OC Lifeguards Push for Rehearing of First Amendment Challenge to Union Membership Trapping Scheme
May 23, 2022 // Restrictions will trap lifeguards in union membership and full dues payments for almost four years after they opted out of union
Orange County Lifeguards Push for Rehearing of First Amendment Challenge to Union Scheme Trapping Them in Union Membership
May 16, 2022 // Restrictions will trap lifeguards in union membership and full dues payments for almost four years after they opted out of union
CEA Union Officials Back Down after Plainville Community School District Teacher Exercises Right to Cut Off Dues
April 4, 2022 // Despite Connecticut Education Association (CEA) union officials trying to restrict the exercise of her right to a narrow span of days several months away known as an “escape period,” Corvello was able to opt-out of the union before the “escape period” and is no longer paying dues to the CEA hierarchy.
‘Doorknockers’ challenge to California gig-worker law goes before Ninth Circuit
February 7, 2022 // Political canvassers and signature gatherers claim they should be treated as independent contractors, like salespeople and newspaper carriers.