Posts tagged Supreme Court
Ascension St. Agnes Nurse Slams NNOC Union With Federal Charges After Union Restricts Workplace Vote
April 16, 2025 // Delaney details in her charges that NNOC union officials are forbidding nurses who are not formal union members, like herself, from voting on a “partial deal” that is part of a wider contract negotiation. The union is restricting the voting pool despite the fact that the union monopoly contract will impose conditions on all nurses at the facility, members and nonmembers alike. Delaney is arguing that NNOC union officials are violating the “duty of fair representation,” a legal mandate that requires union officials not to discriminate in its bargaining functions, including on the basis of union membership. The duty originates from a 1944 Supreme Court case, Steele v. Louisville & Nashville Railway Co., in which the Court recognized that rail union bosses were manipulating their powers over the workplace to discriminate against African-American railway workers.
Commentary: Teachers Need to Ditch Their Union
April 16, 2025 // The California Teachers Association, which considers itself “the co-equal fourth branch of government,” per former Democratic State Senate leader Dom Perata, is no better. As the Freedom Foundation notes, the union reports its political expenditures under three separate filings: The Issues Political Action Committee (PAC); The Association for Better Citizenship (ABC); and, The Independent Expenditure Committee (IEC).
Appeals court clears the way for Trump to fire probationary federal workers once again
April 11, 2025 // Agencies have also begun rolling out their reorganization plans, outlining where they are planning mass layoffs, as directed by the Trump administration. The civil service rules governing reductions in force generally disadvantage employees with shorter tenure in the government. Probationary employees may be among the first to go, though they too must be given proper notice. At some agencies, that's already happening.
US Supreme Court clears way for Trump to remove two Democratic members of labor boards for now
April 10, 2025 // Trump's efforts to remove Harris have threatened to leave the board without a two-seat quorum - making it unable to decide cases - after the term of Democratic member Raymond Limon expired on February 28. In ruling in favor of Harris, Contreras said the statutory protections for board members from being removed without cause conform with the Constitution in light of a 1935 Supreme Court precedent in a case called Humphrey's Executor v. United States. In that case, the court ruled that a president lacks unfettered power to remove commissioners of the U.S. Federal Trade Commission, faulting then-President Franklin Roosevelt's firing of an FTC commissioner for policy differences.
Minnesota Electric Utility Employee Challenges IBEW Nationwide Policy Coercing Worker Contributions to Union’s Political Activity
April 10, 2025 // An employee of Agralite Electric Cooperative, an electric utility company in Western Minnesota, has just filed federal charges against the International Brotherhood of Electrical Workers (IBEW) union, challenging nationwide restrictions union officials impose on workers who wish to cut off financial support for union political activities. The worker, Theresa Klassen, filed charges against both the IBEW international union and IBEW Local 160 at the National Labor Relations Board (NLRB) Region 18 in Minneapolis. Klassen is represented for free by National Right to Work Legal Defense Foundation staff attorneys.
Pay for Play: Al Sharpton Books Labor Bosses Who Pour Millions Into His Nonprofit on MSNBC Show
March 30, 2025 // In the past year alone, Sharpton, who hosts PoliticsNation on the weekends, has interviewed the presidents of five unions that have given his nonprofit a total of $6.3 million: American Federation of Teachers, National Education Association (NEA), Service Employees International Union (SEIU), American Federation of Government Employees, and American Federation of State, County, and Municipal Employees (AFSCME). In all, labor unions have given nearly $8 million earmarked as "gifts," "grants," or payments for "political activities" to the National Action Network, which in some years has paid Sharpton a $1 million salary and paid hundreds of thousands of dollars for private jets and limo services.
Third AT&T-BellSouth Worker Hits CWA Union With Federal Charges, Challenges Thousands in Illegal Strike Fines
March 30, 2025 // Henry Gonzalez, an employee of AT&T-BellSouth in Miami, has just hit the Communications Workers of America (CWA) union in his workplace with federal charges – the third worker to do so in just a month. Gonzalez’s charges, which were filed at the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation, describe how CWA union officials are wrongfully targeting him with thousands of dollars in disciplinary fines for not participating in a strike.
Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright
March 28, 2025 // In declining to review the underlying Ninth Circuit decision issued on February 20, 2024, the Supreme Court let stand the court’s ruling that upheld the NLRB’s finding that an employer cannot unilaterally cease union dues checkoff after a collective bargaining agreement expires (discussed here). The Ninth Circuit’s decision was predicated on the Chevron standard, which requires deference to the Board’s interpretation of an ambiguous provision of the NLRA – like dues checkoff – if the Board’s interpretation “is rational and consistent with the Act.” The Supreme Court gave no rationale for declining review. Interestingly, this denial of certiorari stands in stark contrast to the Supreme Court’s decision in December 2024 to vacate and remand a D.C. Circuit opinion that upheld a Board ruling on the successor-bar doctrine, where the high court gave specific instructions to review that ruling “for further consideration in light of” Loper Bright, which we covered here.
Free the Economy podcast with Vinnie Vernuccio of the Institute for the American Worker
March 27, 2025 // Our interview for Episode 116 of the Free the Economy podcast is with Vinnie Vernuccio of the Institute for the American Worker. We talk about labor unions, independent contractors, right-to-work laws, port automation, and the future of the American workforce. Free the Economy is hosted by Richard Morrison. Our co-producer and editor is Destry Edwards. Keep up with new episodes by following us on Twitter at @freethe_economy and read our episode summaries, with links to the stories we cover, at cei.org/blog.
Freedom Foundation Sues California Public Employment Relations Board
March 18, 2025 // “The Public Employment Relations Board is trampling on free speech and workers’ rights, all to protect union interests,” said Freedom Foundation CEO Aaron Withe. “By enforcing these unconstitutional statutes, they are silencing the Shasta County Board and preventing public employees from receiving crucial information about their rights.” “These laws do a real disservice to public employees, forcing them to rely solely on unions for information that the unions have no intention of providing,” said Freedom Foundation Litigation Counsel Ravi Prasad. “Workers deserve the truth about their options. But these statutes ensure that workers only hear unions’ perspectives on the merits of union membership, while silencing any public employer who disagrees. This is textbook viewpoint discrimination.”