Posts tagged Supreme Court
Op-ed: Josh Hawley’s union-friendly bill may open the door to right-to-work
March 17, 2025 // Hawley, who opposes right-to-work laws, may be inadvertently laying the groundwork for a national version of that same policy, protecting private-sector workers across America from getting fired for not paying union fees. Hawley’s Faster Labor Contracts Act—which the Teamsters union has already endorsed—is billed as a means of stopping employers from delaying negotiations with labor unions. Under current law, businesses and unions are required to negotiate in good faith, and there’s no deadline for an agreement because workers and job creators need time to reach the best deal.
NY Starbucks Baristas File Amicus Brief Opposing Reinstatement of Biden-Appointed NLRB Member Removed by President Trump
March 13, 2025 // Starbucks employees have pending federal lawsuit challenging NLRB structure as unconstitutional, argue they could be harmed if member’s removal is blocked
Liberty Justice Center Files Three New Lawsuits to Protect the Rights of Government Employees Against Public-Sector Unions
March 13, 2025 // "Public-sector unions continue to place barriers for government employees who wish to stop being union members and stop paying union dues in ways that violate the Supreme Court’s Janus decision.” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center. “And although those unions are supposed to only collect dues from members, these unions often refuse to be held accountable by their own members for how they spend those dues.”
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.
Cincinnati-Area Kroger Employee Wins Federal Case Against UFCW, Grocer for Illegal Union Dues Deductions
March 5, 2025 // – Kroger Grocery employee James Carroll has prevailed in his federal case against United Food and Commercial Workers (UFCW) Local 75 union and corporate grocery conglomerate Kroger. The resolution comes after charges were filed against UFCW for threatening Carroll with termination for refusing to sign an illegal union dues deduction form and against Kroger for unlawfully deducting union dues from his paycheck. To avoid prosecution, Kroger and UFCW agreed to a settlement that requires them to reimburse Carroll for unlawfully seized dues and post a public notice informing employees of their rights. Carroll received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Op-ed: As unions fight reform, Trump should assert executive power
February 26, 2025 // Unfortunately, for decades, unions and their collective bargaining agreements have hamstrung presidents and the people they’ve chosen to run federal departments and agencies in all the wrong ways. Under a bill President Carter signed in 1978, the president cannot simply reject a proposed union agreement but must go before the Federal Service Impasses Panel, or arbitrator that can make him accept terms he doesn’t want. Also, union agreements prevent incompetent or unethical employees protected by a union from being fired or even having negative notes placed in their files without notice and an opportunity to bring grievance proceedings, where unions will back even the least deserving member to the hilt.
Eaton Employee Forces IAM Union Bosses to Abandon Illegal Termination & Fine Threats
February 24, 2025 // Robert Jacobs, an employee of power management firm Eaton Corporation at its Troy, Illinois, facility, has forced International Association of Machinists (IAM) union officials to back off their threats to fire him unless he paid hundreds in illegal fees they imposed on him after he exercised his right to end his union membership. Jacobs filed federal charges in January challenging the union’s so-called “reinstatement fee” threats at the National Labor Relations Board (NLRB). He received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
Cincinnati UPS Employee Slams Teamsters Local 100 With Federal Charges for Seizing Dues Illegally From Paycheck
February 19, 2025 // Union officials took money for union expenditures – including union politics – without informing worker of their rights
Mackinac Center Joins Amicus Brief Challenging Private Delegation of Government Regulatory Authority
February 13, 2025 // The amicus brief, filed alongside the Institute for the American Worker and the Pelican Institute for Public Policy, argues that delegating regulatory power to private industry groups violates the nondelegation doctrine and due process protections. The case before the Supreme Court challenges the FCC’s reliance on the Universal Service Administrative Company, a private, industry-run entity, to set and administer fees collected from telecommunications companies. These fees are ultimately passed on to consumers. The Fifth Circuit Court of Appeals found this structure unconstitutional, ruling that it improperly allows private entities to exercise government power.
Right-to-work facts vs. myths
February 12, 2025 // What’s become evident over the decades is that right-to-work laws are associated with statistically significant gains in employment, particularly manufacturing employment, job opportunities, population growth and economic growth. If New Hampshire adopts a right-to-work law, we would expect to see improvements in all of those areas, along with an improvement in state business tax revenues resulting from the additional business activity. As for freedom vs. coercion, workers have First Amendment rights not to associate with or fund membership organizations that they choose not to join. If workers want to join unions, they should be free to do so.