Posts tagged unconstitutional
Judge finds Florida’s anti-union law union unconstitutional and ‘unreasonable’
November 12, 2024 // U.S. District Court Judge Mark Walker ruled that public teacher union members in Pinellas and Hernando counties had been damaged by the Florida Public Employees Relations Commission after the passage of SB 256, which had a component banning payroll deductions for the purpose of paying dues. Hernando United School Workers and the Pinellas Classroom Teachers Association argued that prohibiting payroll deductions was unconstitutional, violated their right to be free from the state impairment of contracts. The state argued the law was necessary to promote transparency and “allow union members to decide how to pay their dues and understand how much they were paying.”
Austin Worker Files Federal Constitutional Challenge Against Biden-Harris Labor Board
November 4, 2024 // Dallas Mudd, an employee of Aunt Bertha (d/b/a FindHelp), has launched a federal lawsuit against the National Labor Relations Board (NLRB) on the grounds that the agency’s structure violates the U.S. Constitution. National Right to Work Legal Defense Foundation staff attorneys representing Mudd filed the suit in the U.S. District Court for the Northern District of Texas. The lawsuit joins a string of cases challenging the NLRB’s structure on separation of powers principles.
A Labor Dispute Inside The Department of Labor?
October 24, 2024 // Acting DOL Secretary Julie Su (dubbed "the union whisperer") is being accused of acting in "bad-faith" by her own DOL employees' union and wasting tax-payer resources.
A year after Oct. 7 attack, Jewish teachers say LA union promotes antisemitism
October 8, 2024 // “UTLA has also supported professional development that teaches anti-Israel and anti-Semitic content,” the lawsuit alleges. “The UTLA-supported Liberated Ethnic Studies Model Curriculum is patently anti-Semitic, and has been adopted by LAUSD in various ways and at various schools at the behest of UTLA.” The lawsuit says those curriculum materials “denounce the idea of a Jewish homeland.” Other lawsuits have been filed challenging ethnic studies courses alleging they are antisemitic. While the lawsuit lists specific positions and actions of the teachers union, it is directed toward California’s provisions that require a sole union to represent all employees in a workplace.
US labor watchdog pressures Trader Joe’s to bargain with New York union
September 26, 2024 // The general counsel of the US’s top labor watchdog is seeking an order demanding that Trader Joe’s recognize and bargain with the union, Trader Joe’s United, amid allegations that employees were threatened and disparaged from unionizing. Under a framework introduced by the National Labor Relations Board (NLRB) last year, employers can be ordered to bargain with a union if they commit unfair labor practices that would set aside the results of a union ballot.
‘Unprecedented’ lawsuit could roll back farmworker union wins from 2023 California law
August 25, 2024 // The Wonderful lawsuit is the latest legal challenge brought forth by employers against the ALRB and the state’s landmark 1975 Agricultural Labor Relations Act. This law was the first in the country to grant farmworkers the right to collective bargaining without retaliation, which farmworkers were not granted under the National Labor Relations Act of 1935. The exclusion was rooted in racism because, at the time, many of those workers were Black.
WISCONSIN: Unions respond to Act 10 decision
July 11, 2024 // The 2011 law created two categories of public workers — public safety employees, and general employees. The law prohibited unions representing general employees from collectively bargaining for any benefits outside of raises that would be capped to inflation. The judge ruled that the state Legislature did not have a "rational basis" for how it created those different categories, and the law is unconstitutional because of that.
Act 10 lawsuit: Wisconsin judge strikes down parts of bill
July 9, 2024 // "The issue was, are people receiving equal treatment?" UW-Milwaukee Professor Emeritus Mordecai Lee said. Republicans argue that Act 10 solved Wisconsin’s deficit problem, while Democrats say it hurts schools and public employee pay.
Ban on ‘captive audience’ meetings, AI regulations among 466 Ill. bills to pass this session
June 4, 2024 // If the “captive audience” bill is signed by the governor, employers would still be allowed to discuss religion and politics with employees, but workers would have the right to skip the meeting, whether on or off the clock, without retaliation. The Illinois AFL-CIO labor organization brought the legislation to state Sen. Robert Peters, D-Chicago, and celebrated its passage as a win for workers. In a news release, Illinois AFL-CIO President Tim Drea said the meetings “are a direct violation of workers’ rights.”
Wisconsin unions argue for overturning 2011 law that ended nearly all collective bargaining
May 30, 2024 // Public worker and teachers unions argued Tuesday that their lawsuit seeking to strike down a Wisconsin law that drew massive protests and made the state the center of a national fight over union rights should be allowed to proceed, even as the Republican-controlled Legislature sought to have it dismissed. It is the first challenge to the law known as Act 10 since Wisconsin’s Supreme Court flipped to liberal control last year.