Posts tagged unconstitutional
Starbucks Baristas File Brief Urging Supreme Court to Allow President to Remove Rogue Agency Officers
October 21, 2025 // The brief concludes with the Foundation’s legal argument that Humphrey’s “cannot neuter the President’s ability to supervise those who exercise substantial parts of [executive] power.” Therefore, the Supreme Court “should make clear that the President’s removal power applies to every agency that exercises executive power, including the NLRB.”
Dollar store workers fight to improve jobs, even without a union
October 17, 2025 // In 2022, Williams joined an organization that seemed, to him, like his best shot: Step Up Louisiana. Like several successful campaigns before it, Step Up organizes workers to improve their jobs, but stops short of calling for a union under the National Labor Relations Board. The approach, sometimes referred to as “premajority unionism,” is a natural fit for places like the South, with histories of public hostility to unions. Today, suggest experts, it may also be workers’ best bet for building power amid the hostility of the Trump administration.
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead
October 13, 2025 // California’s legislation comes on the heels of and follows the same logic behind New York’s recently enacted “NLRB Trigger Bill” that similarly empowers the Empire State’s PERB to step into the shoes of the Board, which we covered here. The NLRB has lacked a quorum for months and as a result remains unable to process appeals from decisions by Board administrative law judges or regional directors in unfair labor practice or representation cases. However, AB 288 will likely face similar legal challenges to New York’s “NLRB Trigger Bill,” which the Board has sued over, as we covered here. Specifically, AB 288 may be preempted by the National Labor Relations Act (“NLRA” or “Act”), which covers most private-sector employees, under longstanding Supreme Court precedent.
Amazon sues New York over union protections
September 24, 2025 // In a lawsuit filed Tuesday in U.S. District Court in New York City, Amazon argues that a newly minted state law giving the New York State Public Employment Relations Board authority to oversee union elections and resolve unfair labor practice charges is an "unconstitutional power grab" that's preempted by federal labor laws. Amazon was seeking a temporary restraining order blocking the law, but U.S. District Court judge Eric R. Komitee rejected that request in an order issued late Tuesday, citing a lack of notice to defendants named in the lawsuit. Lawyers for Amazon said the New York law "flips U.S. labor law on its head" by giving the state's PERB jurisdiction over every private-sector employer "until the NLRB gets a court to hold otherwise."
Federal government reverses course on Florida union law, appeals court holds lawsuit
June 16, 2025 // An appeals court Tuesday put on hold a lawsuit that Florida filed against the federal government, after the Trump administration reversed course on a controversial 2023 state law that placed restrictions on public-employee unions. The law included a series of restrictions, including preventing most public employees from having dues deducted from their paychecks and requiring unions to be recertified as bargaining agents if fewer than 60% of eligible employees pay dues. The lawsuit deals with interplay between the state law (SB 256) and a longstanding federal law designed to ensure that transit workers’ collective-bargaining rights are protected before federal transit money is provided to local agencies.
Op-ed: ‘We win, they lose’ GOP should use Reagan’s approach with unions
May 23, 2025 // In the case of unions, that means fundamentally reforming the current labor model. This doesn’t mean going back to the bad old days, when unions were treated as a criminal conspiracy. But it does mean ending the legal favoritism that allows unions to coerce workers, control businesses and advance their selfish interests at the expense of everyone else. The Republican goal should be to make unions earnestly compete for workers’ support, with neither a monopoly in the workplace nor restrictions on workers’ ability to choose the union that’s best for them. When is the last time Republicans forcefully advanced such a principled vision? Even before the recent backsliding, Republican leaders rarely made the moral case against forced unionization. Sure, they broadly supported policies that would have empowered workers, and most Republicans still do. But with few exceptions, the party tip-toed around the real stakes. If union coercion is wrong, then anyone who loves freedom has a duty to fight it — without apology and without quarter.
Federal Appeals Court Hears Arguments in Starbucks Baristas’ First-In-The-Nation Suit Challenging Constitutionality of NLRB
May 16, 2025 // Cortes and Karam’s case, originally filed in 2023, was the first in the nation to advance the argument that NLRB board members’ removal protections – which insulate members of the federal labor board from accountability to the President except on very rare occasions – violate separation of powers doctrines in Article II of the Constitution. Since Foundation attorneys filed the baristas’ case, the Trump Administration advanced the same arguments to remove Biden NLRB Member Gwynne Wilcox from the Board, which is now the subject of ongoing litigation.
Jennifer Abruzzo Wants Workers to Fight Back
May 14, 2025 // On May 5, Workday Magazine interviewed Abruzzo, who has since returned to the Communications Workers of America, as a senior advisor to the president. We talked about how protected concerted activity can include Gaza protests, why it’s a shame that domestic workers and farm workers are excluded from the National Labor Relations Act, and what workers can do to fight back in the Trump era. “It’s up to the people to actually use their power and flex their muscles in order to get the changes that they deem are appropriate,” she says, “so that they can live the lives that they deserve with dignity and respect.
An Executive Power Case That Trump May Win
April 7, 2025 // The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
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