Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School and a leading expert in the field of labor law and labor relations. He is also faculty director of the Center for Labor and a Just Economy. Professor Sachs teaches courses in labor law, employment law, and law and social change, and his writing focuses on union organizing and unions in American politics. Prior to joining the Harvard faculty in 2008, Professor Sachs was the Joseph Goldstein Fellow at Yale Law School. From 2002-2006, he served as Assistant General Counsel of the Service Employees International Union (SEIU) in Washington, D.C. Professor Sachs graduated from Yale Law School in 1998, and served as a judicial law clerk to the Honorable Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit. His writing has appeared in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the New York Times and elsewhere. Professor Sachs received the Yale Law School teaching award in 2007 and in 2013 received the Sacks-Freund Award for Teaching Excellence at Harvard Law School. He can be reached at [email protected].
To fill the time before 10:00 am, here is what I think are the best and worst case scenarios from the unions’ perspective.
From the unions’ perspective, the best case is a full-throated reaffirmation of the Abood principles and a clear statement about why unions – which have a statutory obligation to represent all employees in the bargaining unit – are different from other associations (like neighborhood associations and the PTA) that don’t have such legal obligations.
From the unions’ perspective, the worst case is an opinion, probably authored by Justice Alito, that overturns Abood and finds that fair share agreements in the public sector amount to compelled speech (or compelled subsidization of speech). But, as in Knox, this opinion would then go further. In dicta, it would call into question the constitutional permissibility of exclusive representation in the public sector and invite the next round of cases challenging exclusive rep, again on First Amendment grounds.
Maybe things could go better or worse than these scenarios, but this seems like the basic range of what we could get.
Daily News & Commentary
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December 10
In today’s News and Commentary, advocacy groups lay out demands for Lori Chavez-DeRemer at DOL, a German union leader calls for ending the country’s debt brake, Teamsters give Amazon a deadline to agree to bargaining dates, and graduates of coding bootcamps face a labor market reshaped by the rise of AI. Worker advocacy groups have […]
December 9
Teamsters file charges against Costco; a sanitation contractor is fined child labor law violations, and workers give VW an ultimatum ahead of the latest negotiation attempts
December 8
Massachusetts rideshare drivers prepare to unionize; Starbucks and Nestlé supply chains use child labor, report says.
December 6
In today’s news and commentary, DOL attempts to abolish subminimum wage for workers with disabilities, AFGE reaches remote work agreement with SSA, and George Washington University resident doctors vote to strike. This week, the Department of Labor proposed a rule to abolish the Fair Labor Standards Act’s Section 14(c) program, which allows employers to pay […]
December 4
South Korea’s largest labor union began a general strike calling for the President’s removal, a Wisconsin judge reinstated bargaining rights for the state’s public sector workers, and the NLRB issued another ruling against Starbucks for anti-union practices.
December 3
Public employees regain union rights in Wisconsin; Volkswagen workers strike in Germany; USPS calls NLRB unconstitutional