According to Politico, the NLRB has prohibited McDonald’s from subpoenaing various contractors hired by SEIU as part of its Fight for $15 campaign. McDonald’s had planned to point to communications between SEIU and BerlinRosen, a progressive communications firm, to show that the Fight for $15 is, at least in part, aimed at tarnishing McDonald’s national brand. In McDonald’s view, this would be relevant to showing that greater control over franchisees was justified in the name of brand protection and thus not indicative of a joint employment situation. This Thursday, the NLRB disagreed, rejecting the subpoena request as irrelevant to McDonald’s defense.
The Wall Street Journal reports that initial unemployment claims filed last week totalled a seasonally-adjusted 265,000. Although a slight increase from the week before, the level of jobless claims has remained below 300,000 for the 54th straight week, which constitutes “the longest such streak since 1973” and indicates a healthy jobs market.
Politico tackles the question that President Obama’s recent Supreme Court nomination has everyone wondering – “Should Labor Love Merrick Garland?” Although Garland has shown little receptivity to the use of first amendment arguments to challenge agency regulations, his practice of deferring to the NLRB’s decisions have typically benefitted unions. For OnLabor’s analysis of Garland’s labor positions, see here.
Daily News & Commentary
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May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.
May 14
MLB begins negotiating; Westchester passes a new wage act; USDA employees sue the Agriculture Secretary.
May 13
House Republicans push for vote on the SCORE Act; Wells Fargo wins 401(k) forfeiture appeal; Georgia passes portable benefits bill.
May 12
Trump administration proposes expanding fertility care benefits; Connecticut passes employment legislation; NFL referees ratify new collective bargaining agreement.
May 11
NLRB Judge finds UPS violated federal labor law; Tennessee bans certain noncompetes; and Colorado passes a bill restricting AI price- and wage-setting