Posts tagged precedent
Commentary: Short-Term Gains, Long-Term Harm: The Real Cost of Union Monopoly Power
May 22, 2026 // The Mercatus paper's survey findings cut against the union narrative in ways that should matter to anyone who follows labor policy. When asked directly, workers say they prefer unions that cooperate with management over unions that are more powerful but adversarial. They prefer having multiple options for representation rather than one organization with legal monopoly control over their workplace. And union progressive political activity and strikes, the two things union leadership most reliably prioritizes, are the only factors that consistently make workers less favorable toward organized labor.
Commentary: Mayer’s Concurrence Says What Every American Worker Already Knows
May 8, 2026 // The numbers tell the story. Workers in the original Rieth-Riley case filed their petitions in 2020. Those petitions remain dismissed to this day. Smith's petition has been in limbo for over two and a half years, with no hearing date in sight on the underlying case. As Mayer put it, "the open-ended dismissals approved in Rieth-Riley have deprived employees in case after case of any opportunity to vote in a Board-conducted election for years."
NLRB Refrain From Overturning Biden-Era Precedent – For Now
February 8, 2026 // Given a Circuit split in reviews of Board cases on the issue and the Board’s departure from longstanding precedent when it decided Thryv, many practitioners considered itto be ripe for reconsideration by the newly instated Republican-majority Board. In a footnote, however, new Members Mayer and Murphy declined to express any opinion on the expanded remedies created by Thryv. Rather, they explained that the Board will continue to apply existing precedent “in the absence of a three-member majority to overrule it.” Members Mayer and Murphy’s decision to respect this tradition signals that federal labor law – including the union-friendly Biden-era decisions – will likely remain status quo for the foreseeable future.
Eaton Worker’s Federal Complaint Sheds Light on Union Fee Threats in St. Louis
August 29, 2025 // Another critic, the nonprofit Institute for the American Worker (I4AW), highlighted the LMRDA’s origins in addressing labor corruption and stressed the importance of robust financial reporting. I4AW expressed concern that the current proposal focuses too heavily on reducing paperwork rather than preserving oversight. They recommended reconsidering OLMS’s 2020 proposal, which raised thresholds more moderately and introduced a “long form” LM-2 for the largest unions. I4AW also cited recent criminal convictions for embezzlement and financial misconduct involving union officials whose unions would have benefited from the proposed threshold increase, underscoring the need for strong reporting to prevent abuse.
Commentary: How Federal Workers Can Leverage Civil Disobedience as a Strategy to Win
May 27, 2025 // Strikes, slowdowns, sickouts—workers have many ways to withhold their labor to protest injustice in the workplace. Federal employees have no legal right to strike, which is why they have generally avoided this tactic. The last time there was a major strike by federal workers was in 1981. President Ronald Reagan crushed the strike by firing and replacing air traffic controllers who walked off the job, a moment widely viewed as the beginning of the labor movement’s decline. But there is much that separates the strike under Reagan from what federal workers face today under Trump. Reagan had both public sentiment and the law behind him when he fired over 11,000 federal workers.
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
February 19, 2025 // During her tenure, former GC Abruzzo frequently issued employee-friendly memos on a host of issues, including opposing captive audience meetings, clamping down on employer surveillance, and expressing her perception of the legality of non-compete agreements and pay-or-stay provisions (for example, see alerts here and here). The memos, issued by the NLRB’s top prosecutor, signal the agency’s policy and enforcement priorities, and impact agency staff’s interpretation of their role in carrying out the agency’s objectives. Under Abruzzo, Regional Directors evaluated and acted on unfair labor practice claims as directed by the memos instead of the binding law and NLRB precedent.
Trump Faces Federal Employee Unions in Government Efficiency Battle
January 3, 2025 // “For President-elect Trump to succeed at making the federal bureaucracy more efficient and accountable to the American people, he’ll have to once again do battle with federal unions,” Max Nelsen, a labor policy expert at the Freedom Foundation, told The Center Square.
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.
The Cyberpicket: A New Frontier for Labor Law
June 12, 2023 // a cyberpicket would alert potential customers to a labor dispute and put them to the choice of whether to continue transacting with the business. Instead of encountering rows of workers outfitted with signs and pamphlets, however, e-shoppers would come across a notification that materializes at a site’s landing page — the business’s “entrance.” The technology needed to implement a cyberpicket breaks no new ground. In fact, it’s already widely utilized by online businesses for compliance with the European Union’s (EU) “Cookie Law,” which requires that websites give visitors the right to refuse data tracking.14 So-called “consent banners” — now familiar fixtures for netizens across the pond15 — present a tried-and-true template for the cyberpicket. Not only is the cyberpicket a viable alternative to its in-person counterpart, it’s a right owed to employees of online businesses. This Note sharpens the concept of a cyberpicket by expanding on its legal justification, expected benefits, and possible challenges.
Was the LAUSD strike illegal? That’s up to a judge to decide
March 29, 2023 // There are two types of strikes that can be declared: economic and unfair labor practice, said PERB General Counsel Felix De La Torre. An economic strike requires that union leaders first exhaust all avenues of negotiation. This requires declaring that negotiations have reached an impasse, enlisting the support of an independent mediator and carrying out fact finding research. While SEIU Local 99 completed the first two of those steps, it did not finish the third. An unfair labor practice strike, on the other hand, can be declared at any time. This is the type of strike that SEIU Local 99 declared after filing over a dozen unfair labor practice charges with PERB against the district. These charges include alleged surveillance of union members, retaliation against members, withholding of information and interference in union activities.