
Sharon Block is a Professor of Practice and the Executive Director of the Center for Labor and a Just Economy at Harvard Law School.
The pace of nominations and appointments to the Department of Labor, National Labor Relations Board, and other federal labor agencies is expected to continue to accelerate. Following the nominations earlier this week of Marvin Kaplan to the NLRB and Patrick Pizzella to be the Deputy Secretary of Labor, the White House announced the nomination ofKyle Fortson to a seat on the National Mediation Board and that Nathan Paul Mehrens would serve as the Principal Deputy Assistant Secretary (and thereby Acting Assistant Secretary) for Policy at DOL. Fortson previously served as a top labor staffer for the Republicans on the Senate Health, Education, Labor and Pensions Committee. Mehrens was previously the president of Americans for Limited Government. Still expected in the very near future is the nomination of management lawyer, William Emanuel to the NLRB, the first Assistant Secretary-level nominations at the Department of Labor and more appointments to political positions that don’t need Senate confirmation, such as the principal deputy assistant secretary slots at DOL.
One interesting development on the nominations front is the revival of concerns about Patrick Pizzella’s ties to Jack Abramoff’s work in the Northern Mariana Islands in the late 1990’s on behalf of employers accused of serious human rights violations. The conditions for workers in the Northern Mariana Island – making goods sold as “Made in the USA” – were appalling. Ms. Magazine did a cover story on the Abramoff/Mariana Islands situation in 2006. Although Pizzella was confirmed for a Republican seat on the FLRA during the Obama Administration after the Abramoff story broke, the Deputy Secretary position is the most senior position for which he has been nominated. The Deputy Secretary has responsibility across all of DOL and frequently stands in for the Secretary of Labor. Pizzella’s Abramoff ties may get more scrutiny in this confirmation process than in the past.
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August 17
The Canadian government ends a national flight attendants’ strike, and Illinois enacts laws preserving federal worker protections.
August 15
Columbia University quietly replaces graduate student union labor with non-union adjunct workers; the DC Circuit Court lifts the preliminary injunction on CFPB firings; and Grubhub to pay $24.75M to settle California driver class action.
August 14
Judge Pechman denies the Trump Administration’s motion to dismiss claims brought by unions representing TSA employees; the Trump Administration continues efforts to strip federal employees of collective bargaining rights; and the National Association of Agriculture Employees seeks legal relief after the USDA stopped recognizing the union.
August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."