Posts tagged NLRA
CDW Leads Letter Supporting Crystal Carey Nomination
April 16, 2025 // The Coalition for a Democratic Workplace (CDW) and the 20 undersigned organizations urge your support for the nomination of Crystal Carey to serve as the General Counsel of the National Labor Relations Board (NLRB). Carey is well-qualified to serve and will be an asset to the Board in this role. We urge your support for her nomination.
Op-Ed: Question 3 Still a Question: Massachusetts’ Experiment in Sectoral Bargaining for Gig Workers
April 10, 2025 // These impracticalities explain why Question 3 embraces sectoral bargaining. Under this regime, once the drivers form a union, that union will represent all the drivers in the state, no matter what rideshare company they work for. (Rideshare companies can also team up to simplify the negotiations.) This will put the drivers in a vastly superior bargaining position than if they had to incrementally organize smaller units of drivers or even company by company, as is the norm under the NLRA. Under the NLRA, organizers would next have to get the support of 30% of drivers in a bargaining unit before being able to call an election. But how do organizers reach that 30%? For rideshare drivers, there is no workplace where everyone congregates. The closest equivalent is the airport parking lot, where many drivers wait to get a ride request. But to even encounter 30% of drivers there, much less to convince that 30%, could be a prohibitively high bar. Additionally, driver turnover is high. By the time 30% is convinced, those drivers may have moved on, a new cohort taking their place. Part-timers also pose a problem. For these reasons, Question 3 requires that the would-be union collect signatures from only 5% of Active Drivers (defined as those that have completed more than the median number of rides in the last six months). That is a much more plausible bar to clear, given that rideshare drivers are quite literally a moving target, in time and in space.
Minnesota Electric Utility Employee Challenges IBEW Nationwide Policy Coercing Worker Contributions to Union’s Political Activity
April 10, 2025 // An employee of Agralite Electric Cooperative, an electric utility company in Western Minnesota, has just filed federal charges against the International Brotherhood of Electrical Workers (IBEW) union, challenging nationwide restrictions union officials impose on workers who wish to cut off financial support for union political activities. The worker, Theresa Klassen, filed charges against both the IBEW international union and IBEW Local 160 at the National Labor Relations Board (NLRB) Region 18 in Minneapolis. Klassen is represented for free by National Right to Work Legal Defense Foundation staff attorneys.
An Executive Power Case That Trump May Win
April 7, 2025 // The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright
March 28, 2025 // In declining to review the underlying Ninth Circuit decision issued on February 20, 2024, the Supreme Court let stand the court’s ruling that upheld the NLRB’s finding that an employer cannot unilaterally cease union dues checkoff after a collective bargaining agreement expires (discussed here). The Ninth Circuit’s decision was predicated on the Chevron standard, which requires deference to the Board’s interpretation of an ambiguous provision of the NLRA – like dues checkoff – if the Board’s interpretation “is rational and consistent with the Act.” The Supreme Court gave no rationale for declining review. Interestingly, this denial of certiorari stands in stark contrast to the Supreme Court’s decision in December 2024 to vacate and remand a D.C. Circuit opinion that upheld a Board ruling on the successor-bar doctrine, where the high court gave specific instructions to review that ruling “for further consideration in light of” Loper Bright, which we covered here.
Los Angeles museum workers pushing to unionize
March 27, 2025 // Workers at Los Angeles County's Natural History Museum and La Brea Tar Pits Tuesday announced efforts to unionize, citing what they call a need for better wages, safer working conditions and increased diversity. The Natural History Museum & Tar Pits Workers Union would represent almost 300 workers and include performers, engineers, educators, guest relations associates and more, according to the American Federation of State, County and Municipal Employees Council 36.
REI withheld pay from union workers, national labor board says
March 24, 2025 // 11 REI stores have unionized since 2022 in a contentious organizing battle that’s shaken the Washington-based outdoor co-op’s progressive reputation. None of the unions have yet secured a contract. Union organizers recently tried to nominate pro-labor candidates to the co-op’s board of directors for this year’s board election, but the board did not nominate either of them for a membership vote. The complaint filed Thursday alleges that REI violated several aspects of the National Labor Relations Act by refusing to bargain in good faith and withholding annual pay raises and bonuses at stores that voted to unionize. This was done at least since February 2024 to “discourage employees” from engaging in union activity, the complaint said. The complaint lists nine stores across the country where benefits were allegedly withheld, including the REI in Bellingham, the only Washington store that has voted to unionize.
Via 313’s Austin location unionizes after 3-year fight, labor board ruling
March 24, 2025 // Unionization efforts began in January 2022, reported Eater Austin, when employees alleged that management was not transparent about safety concerns related to the Omicron variant of coronavirus. A group of 46 employees across Austin signed a petition asking for sick and hazard pay, alongside improved COVID-19 safety procedures. Employees later filed for union election through the National Labor Relations Board (NLRB) in Aug. 2022.
Optum staff in New York vote to unionize
March 19, 2025 // Optum filed two objections March 4, requesting that the election results be set aside. NLRB documents the union shared with Becker’s shows the first objection is related to quorum. Optum argues that “given the absence of a quorum by the NLRB, regional directors do not have the authority to certify election results or investigate and adjudicate the employer’s objections under Section 3(b) of the National Labor Relations Act.” The second objection argues that the NLRB limited Optum’s ability to share its opinion or arguments about unionization with employees during working hours. The union, on the other hand, accuses Optum of running an anti-union campaign.
BACKGROUNDER: Senator Hawley’s PRO Act Lite
March 14, 2025 // Senator Josh Hawley’s proposed “framework” for reforming America’s private-sector labor law is, in reality, a repackaged and slimmed down version of the radical left’s Protecting the Right to Organize (“PRO”) Act and Warehouse Worker Protection Act (“WWPA”). Instead of proposing meaningful reforms to protect the American Worker—by leveling the playing field between unions and business—it does the opposite at every turn. This “Pro Act Lite” may be a slimmed down version of Big Labor’s original, but it still packs the same harmful consequences.