Posts tagged NLRA
Construction groups decry PRO Act’s reintroduction
March 13, 2025 // “The reintroduction of the PRO Act displays continued disregard for the livelihoods of small business owners, employees and independent contractors,” said Swearingen. “While Congress has long rejected the PRO Act and its provisions, these legislators continue to pursue failed policies and attack business models and fundamental freedoms that have fueled entrepreneurship, job creation and opportunity for the American worker.”
Official Fired By Trump Returns To Work To Cheers After Judge Orders Reinstatement
March 11, 2025 // Wilcox filed a lawsuit seeking reinstatement, arguing her removal was unlawful. Judge Beryl A. Howell agreed with Wilcox, issuing an order last Thursday ensuring her temporary return to the agency as the underlying case moves forward. In a stinging opinion, Howell wrote that Trump failed to grasp the Constitution’s limits on executive power.
National Labor Relations Board Back to Quorum Strength as Member Wilcox Is Reinstated
March 11, 2025 // The statutory limitations swayed the judge, as did the Supreme Court’s 1935 decision in Humphrey’s Executor, where the Court upheld similar limits on the president’s ability to fire a Federal Trade Commission Official. In sum, Judge Howell ordered Wilcox’s reinstatement, giving the Board the quorum it lacked. This decision has implications for the President’s recent Executive Order seeking to vest all lawmaking power of Independent Administrative Agencies like the NLRB in the President’s office. Given the stakes here, the court’s decision is certainly not the final word, as President Trump’s team is expected to appeal, perhaps all the way to the Supreme Court, where they will argue that Humphrey’s Executor is distinguishable and that Board members do exercise executive authority and should therefore be in line with Presidential policies.
A History of Everything Leftist Unionism: The Old Left and the Reds
March 10, 2025 // American labor radicalism has come a long way from Soviet agents in the Congress of Industrial Organizations through the UAW-funded Students for a Democratic Society to today’s SEIU purple-shirted demonstrators and red-shirted UAW anti-anti-Hamasniks. As Big Labor has declined, what independence the labor movement had from the progressive Left has diminished to the point where, with rare divergences, it effectively has ceased to exist. The causes of the Long Decline are many, and the causes of Big Labor’s leftism are also many, ranging from financial incentive structures of union officials to the structure of collective bargaining. Today, organized labor is a full member of the Everything Leftist coalition, not just in economic issues and labor organizing but also in social and foreign policy.
GOP lawmakers demand info on Biden-era spending used to declare student-athletes as employees
March 3, 2025 // While the change in how college athletes are treated has been welcomed by many, others have been concerned about the move's potential implications. Earlier this month, the Trump administration rescinded the Biden administration NLRB's September 2021 memo insisting college athletes be recognized as employees under federal labor laws. The Trump administration this month also revoked guidance issued by President Joe Biden on his way out of the White House that required schools to distribute direct NIL payments equally to female and male athletes. Aaron Withe, an expert in government unionization and a former college athlete, said he fears continued momentum toward viewing college athletes as strictly employees will destroy college sports. "Are unions going to step in between a coach and their athletes for yelling at the players, or because practice went long or because they're making them run an exceptional amount of lines?" Withe wondered. "If you're represented by a union, they're now your bargaining agent. You have no ability to go represent yourself in anything with the university if it is deemed they are your employer. You've got no ability to go negotiate with them anymore."
The High-Stakes Battle to Organize Heats Up at Three of D.C.’s Hottest Restaurants
February 28, 2025 // Employees who have stepped forward say that members of Unite Here Local 25, which represents restaurant, hotel, and casino workers in the D.C. area, obtained individual home addresses; have then showed up at their houses at night to demand a union card signature; and even used one’s religion as a ruse to meet. In addition, some employees say that union reps have made them uncomfortable in repeated confrontations outside of work. Eater spoke to five workers at St. Anselm, Le Diplomate, and Pastis, some of whom spoke to the publication under conditions of anonymity, citing fear of retaliation.
Bills Introduced in Congress Work to Secure the Right to Work for Independent Professionals
February 27, 2025 // On February 13, California Congressman Kevin Kiley (R) introduced two bills in the House of Representatives that seek to codify and protect independent professionals and contractors. In this 119th Congress, Paul has partnered with two key right-to-work organizations to reintroduce “The National Right to Work Act”: The Institute for the American Worker, and the National Right to Work Foundation.
NLRB’s in-house tribunal undermines fairness and rule of law
February 25, 2025 // Nick felt he’d followed proper procedure and compiled thorough evidence to support his case. But none of it mattered. The NLRB doesn’t have to prosecute its allegations in a proper court of law. In fact, it doesn’t even have to go beyond its own walls. The agency’s general counsel filed the case in-house, applied the NLRB’s own rules (that toss aside standard rules of evidence), and held a hearing in front of an NLRB-employed administrative law judge (ALJ) at the NLRB’s offices. Any appeal of the ALJ’s decision goes to the NLRB itself. Unsurprisingly, the ALJ in Nick’s case ruled against the restaurant and ordered it to rehire the eight employees with backpay. The NLRB affirmed the ALJ’s decision, including her order to Hiran Management to compensate the employees for any “foreseeable” harm that purportedly resulted from the terminations. These so-called “compensatory damages” are not authorized under the National Labor Relations Act. But the NLRB “discovered” this authority in December 2022—90 years after the labor act was adopted.
Starbucks Employee’s Constitutional Challenge to Labor Board Structure Fully Briefed at DC Circuit Court of Appeals
February 25, 2025 // On April 28, 2023, Cortes submitted a petition, supported by a majority of her colleagues, asking the NLRB to hold a decertification election at her Buffalo-area “Del-Chip” Starbucks store to remove Starbucks Workers United (SBWU) union officials’ bargaining powers over workers. However, NLRB Region 3 rejected Cortes’ petition, citing unfair labor practice accusations made by SBWU union officials against the Starbucks Corporation. Notably, there was no established link between these allegations and the employees’ decertification request. Similarly, Karam filed a decertification petition seeking a vote to remove the union at his Buffalo-area Starbucks store. Like Cortes’ petition, NLRB officials refuse to allow the vote to take place, citing claims made by SBWU officials. As a result the workers remain trapped under union “representation” they oppose.
Eaton Employee Forces IAM Union Bosses to Abandon Illegal Termination & Fine Threats
February 24, 2025 // Robert Jacobs, an employee of power management firm Eaton Corporation at its Troy, Illinois, facility, has forced International Association of Machinists (IAM) union officials to back off their threats to fire him unless he paid hundreds in illegal fees they imposed on him after he exercised his right to end his union membership. Jacobs filed federal charges in January challenging the union’s so-called “reinstatement fee” threats at the National Labor Relations Board (NLRB). He received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.