Posts tagged U.S. Supreme Court
The Cases Against Sectoral Bargaining: The Practical Case
August 11, 2024 // The effect of sectoral bargaining on union corruption would be unclear. Scholars of union corruption have blamed enterprise bargaining combined with union monopoly representation for America’s unusually high levels of labor racketeering. There is truth to this, but it is also not the case that American unions involved in industries with more-sectoral-style approaches are “cleaner.” The New York City garment industry, which was exempted from various Taft-Hartley regulations on union conduct, was believed by the federal government to have been Mob influenced as recently as the 1990s. More recently, the United Auto Workers, which conducts a sort of pseudo-sectoral bargaining with the unionized Detroit Three automakers by “patterning” its contracts, was forced into a regime change after the largest union corruption scandal of the 21st century. Putting more power in the hands of America’s long-standing class of union officials, who are known for having their hands in the cookie jar, certainly is not an obvious approach to reducing or surveilling corruption in organized labor.
Trucking groups appeal AB5 ruling to Ninth Circuit
April 16, 2024 // California signed AB5 into law in 2019. The worker classification law is based on the ABC Test, which requires a business to demonstrate three factors are established before a worker can be deemed an independent contractor. The “B prong” of the ABC Test appears to prevent a trucking company from classifying a truck driver as an independent contractor regardless of the level of control or any other factors. The California Trucking Association and OOIDA contend that AB5 imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause. In addition, OOIDA and the state trucking group have said that the law’s decisions on who it exempts violate the U.S. and California constitutions’ equal protection clauses.
Michigan: Prevailing wage, Right to Work reforms’ effect unclear here
April 10, 2023 // The recent reforms are a net positive for unions in every industry, he said. Indeed, for the construction trades, in particular, prevailing wage requirements help prevent non-union bidders from undercutting union workplaces on public construction projects, Fashbaugh said.
Opinion: Collective Manipulation; Whether in courts or in legislatures, public employee unions need to be reined in.
February 22, 2023 // The book contains countless examples of collective bargaining agreements effectively allowing employees to get away with gross misconduct and preventing managers from sanctioning them for lackluster work. An EPA employee was caught surfing porn in his cubicle at work and was paid for nearly two years before agreeing to retire. An IRS agent systematically denied benefits to African immigrants, repeatedly made discriminatory remarks in the office, and tried to run another employee off the road. His union lawyers got him a deal that left him with a clean personnel record when he left the agency, allowing him to get a job with the Forestry Service. “As a practical matter,” Howard writes, “almost no public employee can be dismissed without a massive managerial commitment,” and even that commitment does not guarantee success. California has 300,000 teachers and only about two or three a year lose their jobs because of poor performance. At the federal level, more employees die at work than face termination for poor performance. Public sector unions provide more than direct financial contributions to political campaigns. Howard recounts how they recruit and train candidates, manage phone banks, lead door-to-door canvassing drives, staff campaigns, and run ads. Such union political activity makes them larger and more influential than other political interest groups. The protracted legal battles former Wisconsin Governor Scott Walker faced after he proposed reining in public-union power supports Howard’s thesis that union power is formidable. Walker beat a union-led recall effort against him, but union opposition to modest changes led to electoral annihilation in New Jersey in the 1990s.
Workers’ rights case appealed to Supreme Court by Washington think tank
November 30, 2022 // Kurk attempted to withdraw from the union in September 2018, but union officials denied the request, saying she could not resign until 30 days prior to the end of the collective bargaining agreement, Jun. 30, 2020. The Freedom Foundation sued LRCEA in 2019, asserting the union contract violates the First Amendment. Given the Janus ruling, the maintenance of membership provision is unconstitutional, the suit argued. Further, the 2017 California law could not be retroactively applied to Kurk. The suit was summarily dismissed by Judge Kimberly Meuller of the U.S. District Court for the Eastern District of California. The dismissal was upheld on appeal.
SCOTUS Should Rein in Rogue Federal Labor Board in Ohio National Guard Case
November 21, 2022 // Americans for Fair Treatment (AFFT) today filed an amicus brief before the U.S. Supreme Court in Ohio Adjutant General’s Department v. Federal Labor Relations Authority. This little-known case could rein in a rogue federal labor board that has dramatically expanded the definition of a federal agency and ignored public employees’ First Amendment rights—all to benefit public-sector union officials. The case concerns the Ohio Adjutant General’s authority to determine Ohio National Guard technicians’ conditions of employment, including collective bargaining rights. In 2016, the Adjutant General announced that he would stop abiding by a two-year-expired collective bargaining agreement (CBA) with the American Federation of Government Employees, the union that previously represented National Guard technicians. The Federal Labor Relations Authority (FLRA) then ruled on the union’s behalf in an unfair labor practice charge, ordering the Adjutant General to reinstate the union and abide by the expired CBA.
U.S. Supreme Court to decide if employers can sue unions over vandalism
October 5, 2022 // Glacier in its petition filed in May told the Supreme Court that the NLRA did not preempt lawsuits related to vandalism and other illegal conduct. The company said it would be left without a remedy if the state court ruling stands, because the NLRB lacks the power to award money damages for destruction of property. Glacier also said the Washington Supreme Court decision clashed with rulings by other state courts and at least two federal appeals courts. The Teamsters in opposing the petition said the strike itself was clearly protected by the NLRA. Glacier could have saved the concrete if it had arranged for replacement workers or management employees to make deliveries during the strike, the union said. The case is Glacier Northwest Inc v. International Brotherhood of Teamsters Local Union No. 174, U.S. Supreme Court, No. 21-1449.
Freight Company Worker Wins More Than $10,500 for Being Illegally Fired for Not Joining Teamsters Union
August 26, 2022 // Back pay award ends case against employer, federal charge against union for instigating illegal termination still under NLRB investigation Jackson, MN (August 25, 2022) – Jannie Potgieter, who was a freight employee at industrial park USF Holland in Jackson, Minnesota, filed federal charges against the International Brotherhood of Teamsters Local 120 union and his employer in May for illegally terminating him for exercising his right not be a union member. Now Mr. Potgieter has received approximately $10,512 in back pay from USF Holland in exchange for dropping the charge against the company. The charge against the union for union officials’ role in the illegal termination is still pending.
WIN: Factory Workers Secure $12K in Legal Challenge to Discrimination by Union and Employer against Non-Union Employees
August 5, 2022 // Company and IAM officials cut blatantly illegal deal to deny 12 non-union members $1,000 bonuses because they oppose union affiliation James Cobaugh, Steele v. Louisville & N.R. Co. et al,