Posts tagged Right to Unionize
Unions ask California to lead fight for workers at the state level
June 23, 2025 // California Chamber of Commerce was the only group that spoke in opposition to the bill. It argued the bill is preempted by the Garmon doctrine, which stops state and local governments from regulating activities protected or prohibited by the National Labor Relations Act. But, preemption, McKinnor said, was designed to create consistent protection for workers, not to shield companies from the consequences of breaking the law
Federal judge says H-2A workers don’t have right to unionize
August 28, 2024 // In her ruling, Judge Lisa Wood acknowledged the Department of Labor has the authority to make rules governing H-2A workers. However, she says the Labor Department does not have the authority to “create law or protect newly created rights of agricultural workers.” That authority, she says, belongs to Congress. Citing previous legal precedents, Woods determined that issuing a nationwide injunction would give a single district court an outsized role in the federal systems. Therefore, her ruling only affects those listed as plaintiffs in the case initiated by the Southern Legal Foundation.
Opinion Scherer: Government scrutiny of ‘gig workers’ Is misplaced
August 23, 2023 // The Labor Department published a Notice of Proposed Rulemaking on the subject last year, but a final rule isn’t expected until October. Legal experts rightly criticized the proposed rule as an “ABC test in sheep’s clothing.” By this, they mean the rule seeks to mimic a 2018 California Supreme Court test known as the ABC Test, which made it more difficult for companies to hire workers as independent contractors. While it is impossible to know what Labor’s final rule will look like, final rules don’t typically differ significantly from proposed rules, making the prospect of an impartial final rule unlikely. This is terrible news for millions of American independent contractors who overwhelmingly like and support their working arrangements. For instance, a 2020 Morning Consult survey of independent contractors found that 71 percent believed “the freedom of being an independent contractor outweighs the benefits of being an employee.” A more recent 2022 study by MBO Partners found that 76 percent of independent contractors were “very satisfied with independent workers.” In addition, 84 percent said they were “happier” working independently, with 80 percent reporting that independent contracting was better for their health. These views are consistent with Bureau of Labor Statistics data showing that “79 percent of independent contractors preferred their arrangement over a traditional job.”
Right-to-unionize amendment clears Pa. House committee
May 2, 2023 // The House Labor and Industry Committee reported out the proposal introduced by Reps. Elizabeth Fiedler, D-Philadelphia, and Nick Pisciottano, D-Allegheny, with a 12-9 vote. Republicans, who questioned the amendment’s impact on other laws, were unanimous in opposition. “This bill is really, really simple,” Fiedler said. “It would enshrine in the state Constitution the right of workers to organize and collectively bargain, period, exclamation point.” To amend the state Constitution, a proposed amendment must be approved by both chambers of the General Assembly in consecutive sessions. The proposal is then put before voters in a referendum. The earliest the right-to-unionize amendment could appear on the ballot would be the 2025 primary election.
Right to Unionize Given as Reason for Legislative Staffer ‘Sick Out’
February 16, 2022 // Not a single member of the House Republican staff called out sick, spokeswoman Kelley Payne told Newsweek in an email. Washington Senate Democrats did not have numbers on staff who called out sick. Newsweek has reached out to the Washington Senate Republicans.