Posts tagged Supreme Court
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.
With much at stake, labor unions knock on millions of doors in final campaign push
October 31, 2024 // The American Federation of Teachers has sent hundreds of its members from New York to Pennsylvania and from Illinois to Wisconsin to canvass “labor doors.” The United Auto Workers has similarly deployed union members to fellow members’ homes and work sites, in addition to an aggressive phone, text and mail campaign.
Employer Free Speech on the Ballot in Alaska
October 10, 2024 // The National Labor Relations Act (NLRA) protects such meetings, and the Supreme Court has repeatedly recognized their legality and importance in helping employees gather information on potential union representation. As a result, even if the referendum were to pass, a court would likely find it unlawful. Alaska’s referendum also increases the state’s minimum wage to $15 per hour by 2027 and provides at least 40 hours of paid sick leave to many workers.