Posts tagged reinstate
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.
Musk Wins Appeal Over Tweet He Had to Delete About Union Push
October 28, 2024 // Friday’s ruling arose from an incident in 2017 when Mr. Ortiz was involved in an effort to unionize the Tesla plant in Fremont, Calif. As part of the campaign, he posted screen shots of co-workers who opposed unionization on a private Facebook page. When an investigator for Tesla questioned Mr. Ortiz about the photos, he said he couldn’t remember where he had gotten them, which he later acknowledged was a lie. Tesla then fired him, with lying cited as the cause. A labor board investigation found that Mr. Ortiz had been fired because of his unionization campaign, not because of his false statement.
Federal judge sanctions Southwest Airlines, holds in civil contempt
August 9, 2023 // The Center Square also acquired copies of emails sent by a union representative referring to Carter as a “cancerous tumor” that needed to be “eradicated when ever [sic] possible or it spreads.” The member also said she was “incredibly dangerous” and that he was “all about targeted assassinations.” TWU didn’t respond to a request for comment when asked if it supported what appears to be an incitement to violence against or targeted harassment of employees. Carter initially sued, receiving free legal aid from the National Right to Work Foundation, after she was fired for opposing union dues being used for causes that violated her conscience related to promoting abortion. She alleged that Southwest Airlines discriminated against her religious beliefs, violating Title VII of the Civil Right Act of 1964 and the Local 556 violated the Railway Labor Act. The jury unanimously agreed and awarded her over $5 million.
Flight Attendant Asks for Contempt Ruling Against Southwest for Violating Court Order Regarding Illegal Firing at Union’s Behest
January 9, 2023 // District Court ordered Southwest to announce that airline may not discriminate on basis of religion; airline instead effectively denied wrongdoing despite jury verdict With free legal aid from National Right to Work Foundation attorneys, Southwest Airlines flight attendant Charlene Carter is seeking sanctions against Southwest for flouting the U.S. District Court for the Northern District of Texas’ decision in her case. Carter sued both Transport Workers Union (TWU) Local 556 and Southwest in 2017 for firing her over opposing the union’s political stances – a violation of both the Railway Labor Act and Title VII of the Civil Rights Act.
Starbucks must reinstate fired Memphis workers who were pushing for unionizing, judge rules
August 22, 2022 // A federal judge is ordering Starbucks to reinstate seven employees in Memphis who were fired earlier this year after leading an effort to unionize their store. In a decision issued Thursday, U.S. District Judge Sheryl Lipman agreed with the National Labor Relations Board, which had asked the court to intervene in May. Beto Sanchez,