Posts tagged Supreme Court
New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights
July 31, 2025 // The SCORE bill’s ban is broad. Its key provision says, in part: “no individual may be considered an employee of an institution, a conference, or an interstate intercollegiate athletic association based on the participation of such individual on a varsity sports team or in an intercollegiate athletic competition as a student athlete.” In addition, the bill blocks states from enforcing any law that “governs or regulates the compensation, payment, benefits, employment status, or eligibility of a student athlete (including a prospective student athlete) with respect to participation in intercollegiate athletics.” It specifically blocks any state law that “relates to the right of a student athlete to receive compensation or other payments or benefits directly or indirectly from any institution, associated entity or individual, conference, or interstate intercollegiate athletic association.”
Commentary: Ivy Leaguers Aren’t Auto Workers
July 21, 2025 // In general, NLRB decisions are fake law made by fake judges who have to interpret a poorly written statute from 90 years ago that is based on assumptions about industrial organization that no longer obtain in the United States. But the NLRB remains powerful nonetheless, and its decisions matter. That’s why Russell Burgett, a doctoral candidate at Cornell University, which is private, is asking the NLRB to overturn the 2016 Columbia ruling. He isn’t a member of the Cornell graduate students’ union, a UE affiliate, and he said in charges filed with the NLRB on Monday that his choice not to join makes it harder for him to complete his education.
President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains
July 21, 2025 // President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring the Board’s ability to issue decisions. Mayer’s work experience demonstrates a strong management background, having worked at InterContinental Hotels Group, MGM Resorts International, Aramark, and several law firms prior to his current role at Boeing. Meanwhile, Murphy was selected by Kaplan to serve as his chief counsel in 2017 and has spent his career at the Board, having served as staff counsel or supervisor on the staffs of dozens of Board members.
The Roadmap To Modernizing Federal Labor Laws: Matt Kittle, F. Vincent Vernuccio
July 20, 2025 // That's one of the main things that we want to see at I4AW. Is workers having a choice in a voice, having. The ability to say who they want to be represented by, how they want their money spent, and how they want to work. And I know we talked about it briefly with the ERA, but the ability for an independent contractor to work for themselves, not be considered an employee, small business owner, to own a franchise, all those things are core to what the flexibility and the entrepreneurship of the modern worker, and those are the concepts that are embraced, you know, not just on the union end of the Employee Rights Act, but on the innovation and entrepreneurial spirit and pro worker end of the ERA.
San Fernando Valley Kaiser Permanente Nurse Hits UNAC Union With Federal Charges for Forcing Nurses to Fund Union Politics
July 19, 2025 // Sarah Warthemann, a nurse at Kaiser Permanente’s branch in Woodland Hills, has just filed federal charges against the United Nurses Association of California (UNAC) union at her workplace. She maintains that UNAC officials threatened that she would lose her job if she did not formally join the union, and have ignored her attempt to exercise her legal right to opt out of paying for union political expenses. Warthemann filed her charges at the National Labor Relations Board (NLRB) with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys.
Trump Names NLRB Nominees, Providing Path to Functioning Quorum
July 17, 2025 // The administration Thursday nominated Scott Mayer, chief labor counsel at the Boeing Co., and James Murphy, a former career NLRB lawyer, to fill the two open Republican board seats. The NLRB has been unable to issue decisions for most of Trump’s second term because his January firing of Democratic member Gwynne Wilcox dropped the board below the three-member minimum necessary for a quorum. The US Supreme Court blocked a federal judge’s order to reinstate Wilcox as litigation over her termination proceeds. If Trump’s nominees sail through the Senate approval process, they would join Chair Marvin Kaplan to form a three-member GOP majority on the board, with David Prouty continuing to serve as the sole Democratic member.
Op-ed: She looked like a pro-worker Trump cabinet appointee. But now she’s gutting the Labor Department
July 17, 2025 // The standards on the chopping block include those issued by the Occupational Safety and Health Administration, a unit of the Labor Department, that were developed after years of effort. OSHA standards, Reindel told me, take an average of seven years — and as long as 20 years — to draft. “This is an onslaught on people’s basic protections at work.”
Justices allow mass layoffs at Education Department
July 16, 2025 // A coalition of employee unions and Democratic attorneys general challenged the efforts to carry out the order in court, arguing that the firings and other moves violated federal law by hampering the department’s ability to carry out its legal obligations. Joun agreed in May and enjoined the Trump administration’s firings while the case played out. The U.S. Court of Appeals for the 1st Circuit upheld the preliminary injunction and the administration asked the Supreme Court to weigh in, ultimately resulting in Monday’s order.
US agencies shrink layoff plans after mass staff exodus
July 16, 2025 // This is the latest example of the Trump administration walking back announcements to cut federal workers, after more aggressively pursuing staff reductions earlier this year. The Department of Veterans Affairs said in July that it would reduce staff by about 30,000 people rather than 80,000. Upon taking office in January, President Donald Trump launched a campaign to overhaul the 2.3 million-strong federal civilian workforce, led by billionaire Elon Musk and his Department of Government Efficiency. By late April, about 100 days into the effort, the government overhaul had resulted in the firing, resignations and early retirements of 260,000 civil servants, according to a Reuters tally.
SCOTUS asked to consider case of unions refusing to open mail from disgruntled members
July 14, 2025 // “We’ve seen unions agree to process opt-out requests only during a two-week annual window,” noted Freedom Foundation CEO Aaron Withe. “We’ve seen unions go to court trying to prevent us from informing their members about their constitutional rights – paid for with their own dues money. And when all else fails, we’ve seen them forge signatures on membership and dues-authorization forms.” “In this case, they weren’t even that sophisticated,” he continued. “They simply asserted a right to refuse to open mail from the Freedom Foundation because they knew these packages were likely to contain dozens of opt-out requests.”