William Greenlaw is a student at Harvard Law School.
Members of the United Auto Workers yesterday rejected a second offered deal by Deere & Co. This has the effect of extending the already three-week-long strike. Among the items rejected in the deal were larger wage increases, a signing bonus of $8,500, a “$35,000 retirement bonus for workers with 10 to 24 years on the job and a $50,000 bonus for workers with at least 25 years,” albeit with no new tiers of retirement benefits. The wage increase at 14 Deere facilities was larger than almost a dozen other bargaining agreements signed to by the UAW since 2018. That the union rejected such a deal is a testament to growing worker power in the waning days of the coronavirus crisis which has led to stiffer labor markets. University of Chicago historian Gabriel Winant noted, “Thirty five years ago, workers at Deere lost a lockout and took a deal that froze and reduced wages. Today they rejected an offer that starts with a 10% raise. It’s the biggest downward shift in the economic balance of power in my lifetime.”
Workers in Tucson, Arizona, obtained a victory with voters yesterday when they approved a $15 minimum wage. Known at Proposition 206, the citizen initiative passed overwhelmingly by a 2-to-1 margin. The measure implements the minimum wage over time, starting with $13 in April 2022 and reaching the $15 minimum by 2025. Supporters of the wage argued that wage increases were needed in a city where the cost of living has risen. Opposing parties, helmed by business leaders, countered that the minimum wage would hurt employers as the nation comes out of the pandemic. Part of the measure’s success, however, came from the support over 100 small businesses bucking the industry and lending their endorsements. Raising the minimum wage in the past has faced unorthodox opposition from the Republican-led state legislature in the past. Legislators are attempting to fine the City of Flagstaff, the only other remaining city that raised the minimum wage to $15, by arguing that the increased wage rate raises costs on Arizona agencies. It is dubious whether such a fine is legal. A state court judge has already halted the attempted $1.1 million fine on the City of Flagstaff.
Worker influence continues in the House of Representatives where the House Judiciary Committee advanced the Forced Arbitration Injustice Repeal Act, also known as the FAIR Act. In stark contrast to the difficult-to-surmount application of the Federal Arbitration Act, this bill “would allow people to pursue employment, consumer, antitrust, or civil rights claims in court when they are physically or financially harmed by a corporation, even if they had signed a mandatory arbitration agreement.” Supporting the bill, Committee Chairman Jerrold Nadler called forced arbitration a “living nightmare” for workers. Chairman Nadler commented further, saying, “[P]owerful corporations use forced arbitration as a tool to insulate themselves from accountability for abusing workers, consumers, and small businesses. By burying a forced arbitration clause deep in the fine print of take-it-or-leave-it contracts, companies can evade the justice system, where plaintiffs have far stronger legal protections, and hide behind a one-sided process that is rigged in their favor.” Were the bill passed into law, it would put in place at the federal level limits on forced arbitration that already exist in a handful of states, including New York.
Daily News & Commentary
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June 17
NLRB finds a reporter's online criticism of the Washington Post was not protected activity under federal labor law; top union leaders leave the Democratic National Committee amid internal strife; Uber reaches a labor peace agreement with Chicago drivers.
June 16
California considers bill requiring human operators inside autonomous delivery vehicles; Eighth Circuit considers challenge to Minnesota misclassification law and whether "having a family to support" is a gendered comment.
June 15
ICE holds back on some work site raids as unions mobilize; a Maryland judge approves a $400M settlement for poultry processing workers in an antitrust case; and an OMB directive pushes federal agencies to use union PLAs.
June 13
Termination of grants promoting labor standards abroad at the District Court; Supreme Court agrees to hear case about forced labor; more states pass legislation to benefit striking workers
June 12
An administrative law judge holds that Yapp USA violated the NLRA; oral arguments for two labor cases before the Eighth Circuit.
June 11
DOJ charges David Huerta; unions clash with the administration on immigration; general counsel says Humphrey's Executor doesn't apply to the NLRB.