Posts tagged precedent
Op-ed: SCOTUS should halt rogue labor board’s power grab in Ohio
February 2, 2023 // Americans for Fair Treatment, a community of public employees concerned about the potential for union officials to abuse their power, filed an amicus brief in solidarity with the technicians whose constitutional rights are under threat. Thousands of other similarly situated employees could also be harmed if the status quo stands. The FLRA further seeks to force Ohio’s adjutant general to post and email notices saying he agrees with the board’s position, and to require technicians to view that compelled speech. That order not only raises serious First Amendment issues of compelled speech, but also undermines federalism itself. By striking down the actions of the rogue labor board, the Supreme Court can rein in out-of-control bureaucrats while reinforcing the principle that Americans should not be forced to financially support a union against their will.
Independent Contracting – Proposed Department of Labor Rule
October 19, 2022 // The Biden Department of Labor (DOL) proposed a new independent contractor rule on October 11, 2022 to address what Secretary Walsh deems “misclassification” of workers. This would replace a current DOL rule from the Trump administration that went into effect in March 2021 – a rule which the Biden administration improperly attempted to rescind that provided clarity to the “economic realities” test used to determine the employment status of workers under the Fair Labor Standards Act (FLSA).
CDW FILES AMICUS BRIEF REQUEST WITH NLRB ON REMEDIES CASE
August 30, 2022 // Board to penalize employers for utilizing their NLRA-guaranteed right to challenge union election results. Abruzzo’s changes would have a chilling effect on employers, leaving them afraid to exercise their rights under the Act. CDW’s amicus brief opposes the General Counsel’s motion for summary judgement in the case as well as Abruzzo’s proposed remedy and the concerning precedent it would set. As we explain in our brief, “[Abruzzo’s] radical proposal would require the Board to overturn one of its most longstanding and established precedents, Ex-Cell-O Corp.,” “chill the rights of every employer seeking to petition the courts to review the Board’s certification of a union as the exclusive representative of the employer’s employees,” “violate the Act, the Constitution, and numerous Supreme Court holdings,” and “severely undermine the integrity of the Board on which the regulated community relies to preserve labor relations stability.” Associated Builders and Contractors, The Chamber of Commerce of the United States of America, National Association of Manufacturers, National Association of Wholesaler-Distributors,
Ranking Member Foxx, RSC Chairman Banks, Rep. Allen Lead Amicus Brief Supporting Independent Contractors
February 10, 2022 // Ranking Member Virginia Foxx (R-NC), RSC Chairman Jim Banks (R-IN), and Rep. Rick Allen (R-GA) led a group of House Republicans in filing an amicus brief to the National Labor Relations Board (NLRB) in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021). This case comes as the Democrat-controlled NLRB is set to consider upending established precedent on classifying independent contractors. The brief argues that the standard for classifying independent contractors, which emphasizes the importance of entrepreneurial activity, must be upheld and that changes under the National Labor Relations Act must come through Congress.
Labor agency bucks courts to attack independent workers
January 22, 2022 // The National Labor Relations Board (NLRB) recently took steps toward redefining who is an independent contractor and who is an employee. The move could limit self-employment options, making it harder for independent contractors to work for themselves. The change also would clear the way for unions to organize these workers, since entrepreneurs would get swept under the same legal status as employees. And that’s likely the real motivation.