Zachary Boullt is a student at Harvard Law School.
A United Airlines worker has asked the Supreme Court to strike down the Railway Labor Act’s opt-out system for union dues for railway and airline workers. Under the Railway Labor Act, employees who are not union members but are represented must affirmatively opt out of paying full union dues. The petitioner, Arthur Baisley, is arguing that the reasoning of Janus supports a baseline exemption for nonmembers from having to pay full union fees, not an affirmative opt-out system. Baisley is represented by the National Right to Work Legal Defense Foundation, and the case is another push to attempt to extend the logic of Janus into the private sector. The Fifth Circuit recently threw out Baisley’s lawsuit, saying that Janus was meant to apply only to the public sector.
More than 4,000 SEIU Healthcare Pa. workers are expected to picket today outside of nursing homes and other healthcare facilities. The workers are protesting Pennsylvania’s nursing home regulations, which have not been updated for decades. Proposals for new regulations include increasing the minimum staffing requirement for resident care and protections for long-term care facility residents when the facilities are sold or undergo an ownership change. The members are also pushing for better union contracts to aid staff retention and staff training and increase health equity for people of color.
Lawmakers in Illinois are pushing for a resolution to amend the state constitution to enshrine labor protections for Illinois’s public employees. The amendment to the state’s Bill of Rights would add “the fundamental right of Illinois employees to organize and bargain collectively.” The amendment would prevent state and local laws from conditioning employment on whether or not an employee joins a union. The resolution to amend the constitution has already passed the Senate. If it passes the House, then Illinois voters will vote on the proposed amendment in November 2022.
A labor dispute has been brewing between a group of musicians and HBO. Musicians hired for HBO’s series “The Gilded Age” unionized in response to poor working conditions and wages. The musicians were being paid below union standards for filming days that would reach up to 14 hours. After the musicians unionized, HBO told the musicians it would recast them. This prompted the American Federation of Musicians to file an unfair labor practice charge. Since the ULP filing, HBO has stated that it would rehire the musicians under union status, but the agreement is only tentative so far.
Daily News & Commentary
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November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.