Posts tagged Supreme Court
Legal Update: Three Major NLRB Updates Pose New Challenges for Employers
December 9, 2024 // Employers must remain diligent in staying abreast of these recent shifts in labor law and policy, especially on the cusp of an administration change. While GC Abruzzo’s term appears likely to end early in 2025, and the Board majority could flip in 2025 or 2026, the new Republican administration’s position on labor policy remains unclear, especially in light of the recent nomination of a pro-labor nominee to lead the Department of Labor.
Top 3 Ways Teamsters Boss Sean O’Brien Stabbed President Trump In The Back
November 21, 2024 // More than $2.6 million in Teamsters political donations went toward registered Democrats and Democratic campaign arms. The Teamsters also funded anti-Trump activist groups like the ACLU that plan to bury a second Trump term in litigation. This should come as no surprise. When Trump was in office, the Teamsters worked to sabotage passage of the Trump Tax cuts and prevent confirmation of Trump’s Supreme Court picks. 94% of Teamsters political spending has gone to Democrats since 1990. The Teamsters rank-and-file voted for Trump because he supports worker freedom.
Amazon and Elon Musk’s SpaceX challenge labor agency’s constitutionality in federal court
November 20, 2024 // Attorneys for Amazon and Elon Musk’s SpaceX argued in a federal appeals court Monday that the National Labor Relations Board’s structure is unconstitutional, advancing a legal fight that may last into the Trump administration where Musk is expected to oversee bureaucratic cost-cutting. A panel of three judges at the 5th U.S. Circuit Court of Appeals in New Orleans heard separate oral arguments in the SpaceX and Amazon lawsuits, which the two companies initiated after the labor agency filed complaints against them in disputes about workers’ rights and union organizing.
How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB’s Future
November 19, 2024 // The NLRB’s policy agenda is almost certain to shift. The new General Counsel will likely take a different approach to several key labor issues that the current NLRB has made a priority. For example, current General Counsel Abruzzo pursued aggressive enforcement actions against restrictive covenants, like non-compete and nonsolicitation agreements, following her May 2023 memo where she articulated her view that restrictive covenants like non-competes “generally violate federal labor law.” The new General Counsel will almost certainly halt enforcement of this position and several others when the new administration takes control.
It’s fine to steal for a union, but not from a union
November 18, 2024 // It bears noting that in none of the cases litigated by the Freedom Foundation did law enforcement even treat the forgery as a crime. No serious criminal investigation was ever undertaken, nor were the perpetrators ever prosecuted. Evidently the double standard extends from coast to coast and even beyond U.S. shores.
Victory for Workers’ Rights: Liberty Justice Center Defends New Jersey Plumber Against Union that Illegally Withheld Money from His Paycheck
November 18, 2024 // After learning about these constitutional rights under Janus v. AFSCME, Nicolo Giangrasso—a New Jersey plumber employed by the Hamilton Township School District—resigned his union membership and requested the union stop deducting dues from his paychecks. The union refused, falsely claiming that the Supreme Court’s decision only applied to “union dues” and therefore did not apply to Mr. Giangrasso—because the union called the money it illegally took from his paychecks “assessments” instead. On August 1, the Liberty Justice Center filed a lawsuit against UA Local 9 on Mr. Giangrasso’s behalf, arguing that it does not matter whether the union labels the money withheld from an employee’s paycheck “dues” or “assessments,” because the Supreme Court held in Janus that neither dues, agency fees, “nor any other form of payment to a public-sector union” can be withheld from employees who have not agreed to the withholding—and Mr. Giangrasso had not agreed.
TEXAS: Government Collection of Union Dues | Fast Facts
November 17, 2024 // "The proper role of government is to preserve life, liberty, and property—not to act as a dues collector."
NLRB Seeks to Cancel Debate on Unionization
November 15, 2024 // Dissenting Board Member Marvin Kaplan, however, points out that the NLRA “favor[s] uninhibited, robust, and wide-open debate in labor disputes,” and the Supreme Court, Congress, and the Board have all recognized the legality of employer speech rights during organizing campaigns, including the use of captive audience meetings. Kaplan highlights that past efforts by the Board to restrict non-coercive speech by employers have routinely failed.
Challenging Exclusive Representation: A Fight for Free Speech and Union Accountability; Disunion: The Government Union Report podcast
November 14, 2024 // Osborne and McGrath delve into the legal implications of exclusive representation, where a union speaks for all employees in a bargaining unit, including non-members, and restricts individual negotiations. They discuss how exclusive representation in New York grants significant union power, even allowing the union to pursue anti-Israel stances as part of its collective bargaining scope. This case, they suggest, could reshape public sector labor rights and potentially dismantle exclusive representation if the Supreme Court agrees to hear the case and finds that it infringes on employees’ rights to free speech and association.
NEW YORK: Hochul Report Whitewashes Teachers Union Antisemitism; Commentary
October 31, 2024 // Months before Hamas’s Oct. 7 attacks on Israel, a CUNY Law commencement speaker delivered what one commentator described as a “Nuremburg-style screed” against Israel, accusing it of murder and lynchings. CUNY’s administration called the speech “unacceptable.” Meanwhile, the PSC, led by Davis, demanded that CUNY — not the speaker — retract its statement. After the Oct. 7 attacks, the union allowed “CUNY4Palestine” to promote anti-Israel rallies on the union’s email list and later condemned Columbia University for dispersing a pro-Hamas student encampment.